UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/496831
APPLICANT: American Psychological Association
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CORRESPONDENT ADDRESS: BRIAN D. ANDERSON OBLON, SPIVAK, MCCLELLAND, MAIER 1940 DUKE STREET ALEXANDRIA, VIRGINIA 22314
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
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MARK: PSYCEXTRA
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CORRESPONDENT’S REFERENCE/DOCKET NO: 235299US13
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 76/496831
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 704.01.
The recitation of services is unacceptable as indefinite because it is not clear what the applicant’s services are. The applicant could be providing computer access services in class 38 or could be providing an actual database featuring specifc information in the fields named in class 44. The applicant must indicate what the services are more clearly. The applicant may adopt any of the following recitations, if accurate:
“Providing access to on-line computer data bases in the field of behavioral and social sciences.” International Class 38.
“Providing on-line databases in the field of behavioral and social sciences.” International Class 44.
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 1402.06 and 1402.07. Therefore, the applicant may not amend to include any services that are not within the scope of services set forth in the present identification.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP section 1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. The filing fee is $335.00 per class. 37 C.F.R. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1403.01.
APPLICATION DECLARATION UNSIGNED
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. The submitted declaration did not include a legal signature. The applicant must now submit a properly verified declaration.
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 he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, that the mark is in use in commerce and was in use in commerce on or in connection with the goods or services listed in application as of the application filing date;
or, if the application is being filed under 15 U.S.C. 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce; that the applicant has 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; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
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Signature / Print or Type Name & Position
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Date
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/ras/
Rebecca Smith
Trademark Attorney
Law Office 110
(703) 308-9110 x231
ecom110@uspto.gov (for formal responses only)
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.