Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

FINAL 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  76/474388

 

This letter is in response to applicant’s communication filed on November 17, 2003.

 

Classification and Identification of Services

The applicant must clarify the amended identification of services because the wording “computer program for others” in Class 42 is unclear and the wording “saunas” in Class 44 is misclassified.  TMEP § 1402.01.  The examiner suggests amending to “computer program design for others.”  “Saunas” are Class 11 goods.

 

The amended identification of services in Class 43 is acceptable.

 

The applicant may adopt the following identification(s), if accurate:

 

Class 11:                        Saunas.

 

Class 42:             Architectural design; interior decorating; landscape gardening; land surveying; computer program design for others; computer software design for others; computer systems analysis; data recovery services; data conversion of computer program data or information; maintenance of computer software

 

 

Class 44:             Beauty salons; hairdressing salons; saunas; massage; manicuring; providing public bath facilities for hygiene purpose; professional consultancy for beauty related treatment; food nutrition counseling; health care.

 

Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.

 

This requirement is maintained and made FINAL.

 

Classification/Insufficient Fee

Applicant must clarify the number of classes for which registration is sought.  The submitted filing fees are insufficient to cover all the classes in the application.  Specifically, the application identifies goods and/or services that are classified in at least four international classes, however applicant paid the fee for only three class(es).

 

Applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es).  37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.

 

Requirements for Combined Application – Intent to Use or Section 44 Application

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b), a foreign registration under Trademark Act Section 44(e)/an intent to use the mark under Trademark Act Section 1(b) and/or a foreign registration under Trademark Act Section 44(e):

 

(1)   Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order.  TMEP § 1403.01; and

 

(2)   Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

 

Transliteration/Translation

The transliteration/translation is noted and entered into the record.

 

Declaration

The applicant’s declaration is noted and accepted.

 

Proper Response to Final Action

Applicant may respond to this final action by either:  (1) submitting a timely response that fully satisfies any outstanding requirements, if feasible; (2) timely filing an appeal of this final action to the Trademark Trial and Appeal Board; or (3) timely filing a petition to the Director if permitted by 37 C.F.R. §2.63(b).  37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, See 37 C.F.R. §2.146 and TMEP Chapter 1700.

 

If applicant fails to respond within six months of the mailing date of this final action, then the services specified above to which the final refusal(s) and/or requirement(s) apply will be deleted from the application.  The application will proceed forward for the remaining services.  37 C.F.R. §2.65(a).

 

Wendy B. Goodman

/Wendy B. Goodman/

Trademark Attorney

Law Office 103

(703) 308-9103, x409

(703) 746-8103 (fax)

ecom103@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.