Offc Action Outgoing

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  76/476532

 

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

 

Search

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. Section 1052(d).  TMEP section 1105.01.

 

Declaration

The applicant’s original declaration was not signed or dated. The applicant’s substitute papers are signed, but do not contain the required language shown below.  The application must be signed, and verified or supported by a declaration under 37 C.F.R. Section 2.20.  37 C.F.R. Section 2.33.  No acceptable signed verification or declaration was provided.  Therefore, the applicant must provide an acceptable signed and dated verification or signed declaration attesting to the facts set forth in the application. 

 

Note that If the basis is §1(b), §44(d), or §44(e), the applicant must submit a verified statement that the applicant had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. §§2.34(a)(2)(i),

(a)(3)(i) and (a)(4)(ii).

 

Signature

NOTE: Applicant is required to provide the name of the declarant if the name is not printed in the substitute declaration.

 

Recitation of Services

The recitation of services is unacceptable as indefinite. Applicant must more clearly specify the type of information provided and the type of assistance provided.   The applicant may adopt the following recitation if accurate: 

 

            Financial services, namely, providing financial information about [specify the type of “loan products”, eg. real estate loans] and [specify the type of assistance provided noting that such appears to be incidental to the offering of the loans, eg. providing financial information about obtaining such loans], in International Class 36.

 

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. Section 2.71(b); TMEP section 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.

 

Significance of Term

The applicant must indicate what significance the wording "chloe" has in the relevant trade or industry or as applied to the services.  37 C.F.R. Section 2.61(b).

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.  If the applicant has questions regarding the status of the application, the applicant should telephone the status line at 703-305-8747.

 

Fee increase effective January 1, 2003

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.

 

 

/Rebecca L. Gilbert/

Trademark Attorney

Law Office 113

703-308-9113 ex 419

ecom113@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.