UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/460975

 

Dear Applicant and/or Applicant’s Representative:

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Search of Office Records

 

After searching the office database, the examining attorney found no similar pending or registered marks which would bar registration under the Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP 1105.01.

 

 

Wording in the Recitation of Services Needs to be Clarified

 

The wording “hotel food services” in the recitation of services is unacceptable as indefinite.  The applicant may amend this wording to “food delivery services provided to hotel guests,” in International Class 39, if accurate.  TMEP §1402.11.

The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and their classification.

 

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

 

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.

 

 

Response Guidelines

 

No set form is required for response to this Office action.  The applicant must respond in a timely manner to each issue raised in this Office action.  The applicant should simply set forth in writing any response to the issues raised above.  The applicant or (applicant’s representative) must sign the response.

 

/Pamela Y. Willis/

Trademark Attorney

Law Office 106

703-308-9106 x126

ecom106@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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.