UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/512180
APPLICANT: Spirit Media, LLC
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*76512180* |
CORRESPONDENT ADDRESS: EDWARD H. ROSENTHAL FRANKFURT KURNIT KLEIN & SELZ, PC 488 MADISON AVENUE NEW YORK, NEW YORK 10022
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: ROCCO
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CORRESPONDENT’S REFERENCE/DOCKET NO: 13043-0200-5
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 76/512180
PLEASE NOTE: All of the issues raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
This letter responds to the applicant’s communication filed on April 28, 2004.
Scope of Goods
The proposed amendment of the identification is unacceptable because the deletion of the wording “via the Internet” designates services that are not within the scope of the identification that was set forth in the application at the time of filing. 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 et seq. and 1402.07.
The applicant may adopt the following recitation of services, if accurate: Providing information in the fields of lifestyles and home furnishings via the Internet, in International Class 42; providing information in the fields of cooking and the culinary arts, beverages, wine selection, pairing wine and food, and recipes via the Internet, in International Class 43.
Proper Response to Final Action
If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/Cynthia Sloan/
Examining Attorney
Law Office 116
Ph 703.306.7921
Fx 703.746.8116
http://www.uspto.gov
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.