UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/511189
APPLICANT: Mercer Management Consulting, Inc.
|
|
|
CORRESPONDENT ADDRESS: DOREEN L. COSTA BAKER BOTTS LLP 30 ROCKEFELLER PLAZA NEW YORK, NY 10112
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
|
|
MARK: MERCER OLIVER WYMAN
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: L12433 07093
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.
|
Serial Number 76/511189
This letter responds to the applicant’s communication filed March 17, 2004. Receipt of the applicant’s response is acknowledged and has been entered.
The recitation of services remains unacceptable as indefinite for the following reasons. TMEP section 1402.01.
The services listed as “business marketing services” in class 35 require further clarification, for example “direct http://atlas.gov.uspto.report/netacgi/ - h5http://atlas.gov.uspto.report/netacgi/ - h7marketing advertising for others” or “conducting http://atlas.gov.uspto.report/netacgi/ - h3http://atlas.gov.uspto.report/netacgi/ - h5marketing studies”.
The services listed as “advertising services” in class 42 require further clarification and re-classification. The applicant must specify the type of advertising service provided, i.e. electronic billboard http://atlas.gov.uspto.report/netacgi/ - h18http://atlas.gov.uspto.report/netacgi/ - h20advertising. The classification must be amended to International class 35.
The recitation of services is otherwise acceptable.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
The applicant must specify whether MERCER OLIVER WYMAN is the name of a specific living individual. If so, the individual's written consent to register the name must be submitted. The statement should read "MERCER OLIVER WYMAN identifies a living individual whose consent is of record." If not, the statement should read as follows: "MERCER OLIVER WYMAN does not identify a living individual."
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.
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 format only.
For security and compatibility reasons, the Office will not accept communications that include any attachments, other than those in jpg format. Thus, no attachments in WordPerfect®, Word, Adobe® PDF or any other format EXCEPT jpg 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.
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.
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.
David T. Taylor /dtt/
2900 Crystal Drive
Arlington, VA 22202
Law Office 112
703-308-9112, ext. 164
703-746-8112
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 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.