UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/510086

APPLICANT: VERUS INVESTMENT MANAGEMENT, LLC

CORRESPONDENT ADDRESS:

JOHN M. CONE

AKIN, GUMP, STRAUSS, HAUER & FELD

P.O. BOX 688

DALLAS, TEXAS 75313-0688

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom113@uspto.gov

MARK: VERUS

CORRESPONDENT’S REFERENCE/DOCKET NO: 601339-0000-

CORRESPONDENT EMAIL ADDRESS:

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.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/510086

The assigned examining attorney has reviewed the referenced application and determined the following:

Search Results

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.

Recitation of Services Indefinite

The recitation of services is indefinite because the applicant uses the wording “including.” The recitation must be all‑inclusive. The applicant should amend the recitation to replace this wording with “namely.” The applicant may amend to list only services that are within the scope of the services recited in the identification. 37 C.F.R. §2.71(a); TMEP §§1402.03(a) and 1402.11.

Applicant may adopt the following identification, if accurate:

Investment services, namely, investment management services in International Class 036

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.

Translation of Foreign Wording - VERUS

The applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. §2.61(b); TMEP §809.

PLEASE NOTE: The above issues raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

Odessa Bibbins

/Odessa Bibbins/

Trademark Attorney

Law Office 113

Telephone: (703) 308-9113 x 475

Fax: (703) 746-8113

ecom113@uspto.gov OFFICIAL RESPONSE

Odessa.Bibbins@uspto.gov Informal Response

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.uspto.gov/teas/index.html and follow the instructions.

To respond formally via E-mail, visit http://www.uspto.gov/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.

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.uspto.gov/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.