UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/494229
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: GRAVITYKIDS SERIES
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CORRESPONDENT’S REFERENCE/DOCKET NO: 108607-EFI22
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 76/494229
The assigned examining attorney has reviewed the referenced application and determined the following.
The wording “exercise 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 recitation of services is unacceptable as indefinite. The applicant may adopt the following recitation, if accurate: educational services, namely, providing training courses in the field of exercise. TMEP §1402.11.
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.
The applicant must disclaim the descriptive wording “series” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive because it tells the public that this course is part of a series of courses.
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. §1052(d). TMEP §704.02.
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.