UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/456373
APPLICANT: iLearning, Inc.
|
|
|
CORRESPONDENT ADDRESS: JOHN R. GLASSBURN III, ESQ. OBER, KALER, GRIMES & SHRIVER P.C. 120 EAST BALTIMORE STREET BALTIMORE, MARYLAND 21202-1643
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom105@uspto.gov
|
|
MARK: RESOUND
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 76/456373
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 applicant must clarify the wording “live teleconferencing services” by stating whether they are via audio and/or video. The following is a suggested recitation: International Class 38: Telecommunication conference services, namely, delivering live audio and video teleconference services and on-demand audio and video through a telecommunication network or global computer network.
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 goods or services that are not within the scope of the goods and services recited in the present identification.
An application filed on a Section 1(a) basis must contain the verified statement that the verifier believes the applicant to be the owner of the mark 15 U.S.C. §1051(a)(3)(A); 37 C.F.R. §2.33(b)(1).
The following is a properly worded declaration under 37 C.F.R. §2.20. At the end of the response, the applicant should insert the declaration signed by a person authorized to sign under 37 C.F.R. §2.33(a).
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §§1051(b), 1126(d) or 1126(e), he/she believes the applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
The drawing of the mark contains the letters “TM”, which appears to be superfluous and not a part of the mark. The applicant must submit a new drawing with these letters deleted.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Sincerely,
Jean H. Im
Trademark Attorney
Law Office 105
(703) 308-9105, ext. 170
(703) 872-9825 (Fax)
ecom105@uspto.gov
jean.im@uspto.gov
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.