UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/509926
APPLICANT: Mary Kay Inc.
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CORRESPONDENT ADDRESS: KERRY TASSOPOULOS MARY KAY INC. P. O. BOX 799045 DALLAS, TEXAS 75379-9045
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: LEARNMK
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/509926
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.
The recitation of services is unacceptable as indefinite because the applicant must specify the mod of instruction for its educational services. The applicant may amend the recitation to the following, if accurate: TMEP section 1301.05.
Providing on-line education services, namely, on-line workshops in the field of business development and career resources for members of an independent sales force, in International Class 41.
Please note that, while an application may be amended to clarify or limit the recitation, additions to the recitation are not permitted. 37 C.F.R. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present recitation.
RESPONSE GUIDELINES
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.
No set form is required for response to this Office action. The applicant may respond via fax, electronic mail or traditional mail. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response.
In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number to speed up further processing.
Note For Electronic Responses
Any communications regarding pending applications sent via e-mail to any of the law office e-mail addresses must:
(1) be in English;
(2) include the entire response as e-mail text, not as an attachment;
(3) list the serial number in the "Subject" line; and
(4) include any specimens or evidence in jpg or gif format only.
For security and compatibility reasons, the Office will not accept communications that include any attachments, other than those in jpg or gif format. Thus, no attachments in WordPerfect®, Word, Adobe® PDF or any other format EXCEPT jpg or gif can be accepted.
Additionally, all such communications sent via e-mail should (1) be signed electronically (using the same format accepted for electronically-filed applications, namely, the signatory must enter any combination of alpha/numeric characters that has been specifically adopted to serve the function of the signature, preceded and followed by the forward slash (/) symbol. Acceptable "signatures" could include: /john doe/; /jd/; and /123-4567/. (See 64 FR 33056, 33062 (June 21, 1999))); and (2) address every issue raised. Failure to comply with these additional requirements will result in delays in prosecuting your application.
Note Regarding Timely Filing Of Responses
The statutory period for response to an Office action during examination is six months. 15 U.S.C. §1062(b). The examining attorney does not have any discretion to shorten or extend such period.
The crucial date for the response is the date it is received by the Office, not the date it is mailed by the applicant. The applicant should see 37 C.F.R. §§1.8 and 1.10; TMEP §§702.02, 702.03 and 702.04(f), regarding certificate of mailing, certificate of transmission and "Express Mail" procedures to avoid lateness.
Note Regarding Status Of Application
Current status and status date information is available on-line at http://tarr.gov.uspto.report/ or, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven‑digit registration number or eight‑digit application number, followed by the "#" symbol, after the welcoming message and tone. Callers may request information for up to five registration number or application number records per call.
/acm/
Aretha Masterson
Examining Attorney
Law Office 112
703-308-9112, ext. 234
703-308-7184 (fax)
ecom112@uspto.gov