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  76/478245

 

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

 

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.

Recitation of Services

The recitation of services is unacceptable as indefinite.  The applicant must amend the recitation to indicate the nature of the services and their particular field.  TMEP section 1301.05.

 

The applicant may adopt the following recitation of services, if accurate: 

 

            Real estate advertising services in International Class 35.

 

If the suggested identification is not accurate, please refer to the Acceptable Identification of Goods and Services Manual found at www.uspto.gov for additional listings of goods and services.  If the applicant needs further assistance with acceptable wording, please contact the examining attorney.

 

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(a); TMEP section 804.09.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods or services set forth in the present identification.

 

Specimens Unacceptable

A specimen is unacceptable if it does not show use of the service mark in relation to the identified service.  Intermed Communications, Inc. v. Chaney, 197 USPQ 501 (TTAB 1977).  The specimen must show use of the mark “in the sale or advertising of services.”  Trademark Act Section 45, 15 U.S.C. §1127; In re Universal Oil Products Co., 476 F.2d 653, 177 USPQ 456 (C.C.P.A. 1973); TMEP §§1301.04 et seq.  Therefore, the specimen must show the mark in reference to the particular services identified.  The examining attorney has attached the substitute declaration that must be attached with the new specimens.

 

The applicant’s business card is not an acceptable specimen to show advertising services.  Implied in the above identification is that the advertising services are “for others.”  Advertising for one’s own real estate development is not a separate service.  In addition, the applicant cannot now amend its recitation of services to real estate brokerage or real estate development because that recitation is outside the scope of the applicant’s original identification.

 

Entity

The applicant is identified as an LLC.  The applicant must state whether it is a limited liability company or a limited liability corporation.

 

If the applicant has any questions or needs assistance in responding to this office action, please contact the examining attorney.

 

 

 

/Dawn Feldman Lehker/

Trademark Attorney

United States Patent and Trademark Office

(703) 308-9111 ext. 132

F(703)746-8111

ecom111@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.

DECLARATION

 

 

The specimens submitted were in use in commerce at least as early as the filing date of this application.

 

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

 

 

                        _____________________________                                  

                                    (Signature)

 

                        _____________________________

                        (Print or Type Name and Position)

 

                        _____________________________