UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/477685
APPLICANT: William J. Benman
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CORRESPONDENT ADDRESS: WILLIAM J. BENMAN 2049 CENTURY PARK E STE 2740 LOS ANGELES CA 90067-3239
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: THE NEXOS
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CORRESPONDENT’S REFERENCE/DOCKET NO: #The Nexos
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 76/477685
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH OF THE OFFICE RECORDS
The trademark 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.
INFORMALITIES
Before the application can be considered further, the following informal issues must be addressed.
The wording “WEB SERVICES” 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.
The wording “VIDEO CONFERENCING SERVICES” in the recitation of services is unacceptable as indefinite. The applicant may amend this wording to “providing facilities and equipment for video conferencing” if accurate. TMEP §1402.11.
In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases. If the applicant chooses to use indefinite terms, such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” and “products,” then those words must be followed by the word “namely” and the goods listed by their common commercial names. TMEP §§1402.01 and 1402.03(a).
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.
For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
REQUIREMENTS OF MULTI-CLASS APPLICATION
The application identifies goods that may be classified in several international classes. Therefore, the 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 §§810.01, 1401.04, 1401.04(b) 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. 37 C.F.R. §2.6(a)(1).
The applicant must list the goods by international class number in ascending numerical order. TMEP §§801.01(b) and 1403.01.
In the preamble of the application, the applicant identifies the owner as WILLIAM J. BENMAN. Yet in the Entity Type section of the application, the applicant identifies itself as a corporation. This designation is not acceptable. The applicant must submit an amendment indicating the specific type of entity applying, for example, a corporation, an unincorporated association, a partnership or a joint venture. TMEP §803.03.
If the applicant is an individual, the applicant must indicate that he is an INDIVIDUAL and indicate the citizenship. The applicant may also indicate that he is doing business as D/B/A/ and indicate the business.
Please note, the applicant cannot amend the application to designate another entity as the applicant. If the application was filed in the name of the wrong party, the application is void. The true owner may file a new application, with a filing fee. TMEP §803.06.
The applicant must indicate whether NEXOS has any significance in the relevant trade, any geographical significance or any meaning in a foreign language. 37 C.F.R. Section 2.61(b).
The drawing is not acceptable because the mark is not typed entirely in capital letters. 37 C.F.R. §2.52(a)(1); TMEP §807.06. The applicant must submit a new drawing. If the applicant wishes to register the typed version of the mark, the applicant must submit a drawing on which the mark is typed entirely in capital letters. If the applicant intends to show the mark in special form, the applicant must submit an acceptable special‑form drawing. 37 C.F.R. §2.52.
NOTE:
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/WILLIAM H. DAWE III/
Trademark Attorney
Law Office 108
(703) 308-9108 ext. 294
(703) 746-8108 (Fax)
ecom108@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.