UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/494226
APPLICANT: Engineering Fitness International Corp.
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CORRESPONDENT ADDRESS: STEPHEN C. BEUERLE PROCOPIO, CORY, HARGREAVES & SAVITCH LLP 530 B STREET, SUITE 2100 SAN DIEGO, CALIFORNIA 92101-4469
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: GRAVITYSTRENGTH
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CORRESPONDENT’S REFERENCE/DOCKET NO: 108607-EFI31
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 76/494226
This letter responds to the applicant’s communication filed on October 22nd, 2003.
The requirement for an acceptable recitation of services made pursuant to Sections 1 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).
Applicant is seeking registration in INT CL 41 but has impermissible expanded its recitation of services to include, physical fitness consultation, which is an INT CL 42 service. 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. Therefore, applicant should delete reference to this service from its recitation.
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.