To: | Virginia Calder (gcalder@wfuv.org) |
Subject: | TRADEMARK APPLICATION NO. 76502927 - CITYSCAPE - N/A |
Sent: | 9/24/03 5:30:58 PM |
Sent As: | ECom113 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/502927
APPLICANT: Virginia Calder
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CORRESPONDENT ADDRESS: VIRGINIA CALDER WFUV RADIO FORDHAM UNIVERSITY, KEATING 303 BRONX, NY 10458
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: CITYSCAPE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: gcalder@wfuv.org |
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 76/502927
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.
The assigned examining attorney has reviewed the referenced application and determined the following.
The identification of goods is unacceptable because the precise nature of the services is unclear. The applicant must amend the identification to specify the common commercial names of the services. TMEP section 804.
The applicant may adopt the following identification, if accurate:
Entertainment services, namely, providing a radio program in the field of celtic music; entertainment services, namely, providing a radio program in the field of celtic music via a global computer network, in International Class 041
If the suggested identifications are 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.
If the applicant prosecutes this application as a combined, or multiple‑class, application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:
(1) The applicant must specifically identify the services in each class and list the services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(b); TMEP §§810.01 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.
(3) The applicant must submit:
(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a). The dates of use must be at least as early as the filing date of this application, 37 C.F.R. §§2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or
(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods or services in the original application.
(4) The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above. 37 C.F.R. §§2.59(a) and 2.71(c).
Entity--Indefinite
In the preamble of the application, the applicant identifies itself as an individual (Virginia Calder). However, the applicant has also indicated that it is a corporation. The applicant must submit an amendment indicating what type of entity is applying for a mark. The following are examples: an individual, corporation, partnership or joint venture. TMEP §803.03.
If the applicant is applying as an individual, then the applicant must indicate so and indicate its national citizenship for the record. Trademark Act Section 1, 15 U.S.C. §1051; 37 C.F.R. §2.32(a)(3)(i); TMEP §803.04. If the applicant is applying as a corporation, then the applicant may amend the application to indicate the corporate name. Additionally, the applicant must indicate the state of incorporation. 37 C.F.R. §2.32(a)(3)(ii); TMEP §§803.03(c) and 803.04.
/David Elton/
Examining Attorney
Law Office 113
703 308-9113x229
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.