UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

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  76/515932

Mark:  RUULE (stylized)

 

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

 

No Conflicting Marks Noted

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.

Other Issues

Although the examining attorney has not refused registration, the applicant must respond to the following issues:

Significance of Term

The applicant must indicate whether the proposed mark has any meaning in relation to the goods, whether the mark has any geographical significance or any meaning in a foreign language.  37 C.F.R. Section 2.61(b).

Identification of Services

The identification of services is unacceptable as indefinite.  TMEP § 1402.01.  The applicant may adopt the following identification, if accurate:

 

Class 35:             Computerized online retail services in the field of entertainment, publishing, multimedia, and music featuring [“merchandise,” - too vague], apparel, hats, jackets, t-shirts, collectibles, novelty and souvenir items, sunglasses, audio and video tapes and cassettes, compact discs, video game software, phonograph records, posters, lithographic prints, school supplies, photographs, comic books, trading cards, toys, dolls, action figures, sporting goods, backpacks, fanny packs.

 

Class 41:                        Providing an on-line comic book featuring comic characters, stories and art.

 

Class 42:             [“Computer services, namely providing an online comic book featuring comic characters, stories and art via a global computer network” - this is a Class 41 service]; [“providing information via a global computer information network for the transfer and dissemination of a wide range of information and interactive experiences” – this is too vague – must specify the exact nature of the service]; [“providing on-line facilities for users to connect to an ongoing on-line series featuring a wide range of information” – same as above – too vague.  Must specify the exact nature of the service.]

 

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 services set forth in the present identification.

Insufficient Fee

The application identifies services that may be classified in several international classes.  Therefore, the applicant must either:  (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es).  37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) 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.  37 C.F.R. §2.6(a)(1). 

 

Requirements for Combined Application – Intent to Use or Section 44 Application

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/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(a); 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.  

 

Further Information Required

The nature of the goods or services is not clear from the present record.  In order to allow proper identification and classification of the goods or services on which the applicant intends to use the mark, and to determine other issues of registerability, the applicant must submit samples of advertisements or promotional materials for goods or services of the same type.  If such materials are not available, the applicant must submit a photograph of similar goods or services and must describe the nature, purpose and channels of trade of the goods or services on which the applicant has asserted a bona fide intent to use the mark.  37 C.F.R. § 2.61(b); TMEP §§ 814 and 1402.01(d).

Drawing

The drawing is not acceptable because it will not reproduce satisfactorily.  The drawing contains unclear and fuzzy lines.  The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. §2.52.  TMEP §807.07(a).

 

The requirements for a special‑form drawing are as follows:

 

(1) The drawing must appear in black and white; no color is permitted.

 

(2)  Every line and letter must be black and clear.

 

(3)  The use of gray to indicate shading is unacceptable.

 

(4)  The lining must not be too fine or too close together.

 

(5)  The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide.  It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.

 

(6)  If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.

 

37 C.F.R. §2.52; TMEP §§807.01(b) and 807.07(a).  The Office will enforce these drawing requirements strictly. 

 

The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant’s complete name; the applicant’s address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application.  37 C.F.R. §2.52(b); TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.07(a).

 

If the applicant has any questions or needs assistance in responding to this Office Action, please feel free to telephone the assigned examining attorney.

 

Wendy B. Goodman

/Wendy B. Goodman/

Trademark Attorney

Law Office 103

(703) 308-9103, x409

(703) 746-8103 (fax)

ecom103@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 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.

 

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

 

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

 

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