To: | Spaceland Communications, Inc. (jruffin@hahnbolsonllp.com) |
Subject: | TRADEMARK APPLICATION NO. 76532732 - POSTSPOTS - 400-042 |
Sent: | 2/14/04 10:27:58 AM |
Sent As: | ECom116 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/532732
APPLICANT: Spaceland Communications, Inc.
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CORRESPONDENT ADDRESS: JENNIE L. RUFFIN HAHN & BOLSON, LLP 1000 WILSHIRE BLVD #1600 LOS ANGELES, CA 90017
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom116@uspto.gov
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MARK: POSTSPOTS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 400-042
CORRESPONDENT EMAIL ADDRESS: jruffin@hahnbolsonllp.com |
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 76/532732
The assigned trademark examining attorney has reviewed the referenced application filed on July 28, 2003, and has determined the following.
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.
The recitation of services is unacceptable as indefinite. The applicant may adopt the following recitation, if accurate: “Computer services, namely, application service provider featuring software that enables authorized users to upload and manage media files for viewing by their clients from any computer connected to the Internet,” in International Class 42. TMEP §1402.11.
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.
For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
Applicant must submit samples of advertisements or promotional materials for the identified services because the nature of the services in connection with which applicant uses its mark is not clear from the present record. In addition, applicant must describe in some detail the nature, purpose and channels of trade of the services listed in the application. 37 C.F.R. §2.61(b); TMEP §§814 and 1402.01(d).
Applicant must submit (1) a specimen (i.e., an example of how applicant actually uses its mark in commerce for the goods listed in the application) showing the mark as it is used in commerce, and, (2) a statement that “the specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(a); TMEP §904.09.
A specimen showing use of the mark in commerce for the identified goods is required for an application based on use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a). This application does not include a specimen. TMEP §904.
Examples of acceptable specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §§904.04 et seq.
The following is a properly worded declaration under 37 C.F.R. §2.20. At the end of the response, the applicant should insert the declaration signed by a person authorized to sign under 37 C.F.R. §2.33(a).
The specimen was in use in commerce at least as early as the filing date of the application. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
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(Print or Type Name and Position)
_____________________________
(Date)
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/John Dwyer/
Examining Attorney
Law Office 116
Telephone (703) 306-7928
RightFax (703) 746-8116
Ecom116@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.