UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/531838
APPLICANT: Center 7, Inc.
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CORRESPONDENT ADDRESS: PRESTON C. REGEHR PARSONS BEHLE & LATIMER 201 SOUTH MAIN STREET, SUITE 1800 SALT LAKE CITY, UTAH 84145-0898
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom105@uspto.gov
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MARK:
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CORRESPONDENT’S REFERENCE/DOCKET NO: 5000 TM
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 76/531838
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.
Identification and Classification of Goods and Services
Applicant’s identification of goods and services is currently classified in International Class 9.
The identification of goods and services is unacceptable as indefinite (because the precise nature of the goods and services is not clear) and overly broad (because it identifies goods and services that are found in multiple classes). Please note, applicant uses the indefinite wording “including.” The identification must be specific. The applicant should amend the identification to replace this wording with “namely.” The applicant may amend to list only items that are within the scope of goods set forth in the identification. 37 C.F.R. §2.71(a); TMEP §§1402.01 and 1402.03(a).
The applicant may adopt the following identification, if accurate:
“Computer software [specify the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc. and, if software is content- or field-specific, the field of use]; printed matter, namely, downloadable electronic publications [indicate specific nature of publication] in the field of [indicate subject matter of publication, e.g., computers]” in International Class 9;
“Printed matter, namely, [indicate specific nature of printed matter, e.g., pamphlets, brochures, newsletters, journals, magazines] in the field [indicate the field or subject matter of the printed matter, e.g., computers]” in International Class 16;
“Maintenance of computer hardware” in International Class 37;
“Training services in the computer industry field ” in International Class 41; and/or
“Technical support in the computer industry field, namely, [specify, e.g., troubleshooting of computer hardware and software problems; monitoring of network systems; providing back-up computer programs and facilities]; maintenance of computer software” in International Class 42.
TMEP §§1402.01 and 1402.11.
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 goods or services that are not within the scope of the goods and services recited in the present identification.
If the applicant adopts the suggested amendment to the identification of goods and services, the applicant must amend the classification to include International Classes 16, 37, 41 and 42. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401 et seq.
Combined Applications
Applicant must clarify the number of classes for which registration is sought. The submitted filing fees are insufficient to cover all the classes in the application. Specifically, the application identifies goods and/or services that are classified in at least 5 international classes, however applicant paid the fee for only 1 class(es).
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 §§810.0l, 1401.04, 1401.04(b) and 1403.01.
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.
No set form is required for response to this Office action. The applicant must respond to each point raised. 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 addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
If the applicant has any questions or needs assistance in responding to this Office action,
please telephone the assigned examining attorney.
/Barbara Rutland/
Barbara Rutland
Examining Attorney
Law Office 105
(703) 308-9105 ext. 184
(703) 872-9825 fax
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.