UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/471294
APPLICANT: SYLVAN LEARNING, INC.
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CORRESPONDENT ADDRESS: MARK B HARRISON VENABLE BAETJER HOWARD & CIVILETTI LLP 1201 NEW YORK AVE NW STE 1000 WASHINGTON DC 20005
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: EARLYLEARNERS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 29239-183446
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 76/471294
This letter responds to the applicant’s communication filed on Weptember 29th, 2003.
The requirement for an acceptable identification of services made pursuant to Sections 1, 2 and 30 of the Trademark Act is hereby continued and made FINAL. Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. §2.64(a). If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
The wording “providing programs” in the recitation of services is unacceptable as indefinite. The applicant must amend the recitation to specify the common commercial name of the services or to indicate their nature. TMEP §1402.11. Applicant should amend to describe the services as conducing seminars, lectures, etc. and the specific field(s).
PLEASE NOTE: All of the issues raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
/dominick j. salemi/
Law Office 107
(703)308-9107 EX 164
ecomm107@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.