To: | Pearson, Larry (lorenzetti@thewebworkshop.com) |
Subject: | TRADEMARK APPLICATION NO. 76470806 - CABIN SPIRIT - N/A |
Sent: | 4/8/04 4:29:52 PM |
Sent As: | ECom113 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/470806
APPLICANT: Pearson, Larry
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CORRESPONDENT ADDRESS: DANIEL LORENZETTI THE WEB WORKSHOP 6623 MADISON ROAD THREE FORKS MT 59752
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: CABIN SPIRIT
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: lorenzetti@thewebworkshop.com |
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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PRIORITY ACTION
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/470806
The following issues were discussed in communication with Daniel Lorenzetti on April 8, 2004.
After further review, this application has been withdrawn from publication. Upon entry into the record of the amendments noted below, a new Notice of Publication will issue in due course. The examining attorney apologizes for any inconvenience caused by this delay.
Recitation of Services Too Broad
The recitation of services is unacceptable as too broad because it includes services in more than one class. The applicant must amend the recitation to indicate the nature of the services and their particular field as indicated. TMEP §1402.11.
Construction drafting – these services are actually classified in International Class 42. The applicant must either add a class or delete this language.
The applicant may amend the wording to either or both of the following recitations in the indicated classes, if accurate:
- Construction services, namely, building construction and construction planning, in International Class 37.
- Construction drafting services, in International Class 42.
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.
Requirements for adding a class
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must 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 services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); 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.
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael Kazazian/
Trademark Examining Attorney
Law Office 113
(703) 308-9113 ext. 207
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 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