UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/453545
APPLICANT: Weather Research Center
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CORRESPONDENT ADDRESS: RAYMOND R. FERRERA, ESQ. INTELLECTUAL PROPERTY SERVICES 2502 LIVELY LANE SUGAR LAND, TEXAS 77479
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: WRC
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CORRESPONDENT’S REFERENCE/DOCKET NO: W71813US
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/453545
The assigned examining attorney has reviewed the referenced application and determined the following.
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The wording “educational services in the fields of meteorology, oceanography, weather forecasting and weather research” in the recitation of services is unacceptable as indefinite. The applicant may amend this wording to “educational services, namely, conducting, classes in the fields of meteorology, oceanography, weather forecasting and weather research,” in International Class 41 if accurate. TMEP §1402.11.
The wording “sales” in the recitation of services is unacceptable because it is not considered a service that is rendered for the benefit of other. The only beneficiary of the activities of “sales” is the proprietor of the store or owner of the goods. Since presumably the owner or proprietor makes a profit from such a commercial transaction.
So the wording “sales of meteorological, oceanic and weather-related data, namely, forecasts and histories of weather conditions, ocean current conditions, storm surge conditions, hurricanes and severe weather” in the recitation of services is unacceptable as indefinite. The applicant may amend this wording to “retail store services featuring meteorological, oceanic and weather-related data, namely, forecasts and histories of weather conditions, ocean current conditions, storm surge conditions, hurricanes and severe,” in International Class 35 if accurate. TMEP §1402.11.
The applicant must rewrite the recitation of services in its entirety because of the nature and extent of the amendment. 37 C.F.R. §2.74(b).
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.
If the applicant prosecutes this application as a combined, or multiple‑class, application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:
(1) The applicant must specifically identify the services in each class and list the services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(b); TMEP §§810.01 and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
(3) The applicant must submit:
(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a). The dates of use must be at least as early as the filing date of this application, 37 C.F.R. §§2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or
(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods or services in the original application.
(4) The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above. 37 C.F.R. §§2.59(a) and 2.71(c).
The specimen of record is acceptable for International Class 41 only.
/Amos T. Matthews/
Examining Attorney
Law Office 108
(703) 308-9108 ext. 293
(703) 746-8108 (fax)
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.