UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/533259
APPLICANT: Learning Point Associates
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CORRESPONDENT ADDRESS: GABRIELLE S. ROTH DICKSTEIN SHAPIRO MORIN & OSHINSKY LLP 2101 L STREET, N.W. WASHINGTON, D.C. 20037
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK:
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CORRESPONDENT’S REFERENCE/DOCKET NO: N1527.0006/T
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 76/533259
The assigned examining attorney has reviewed the referenced application and determined the following.
A. 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. Section 1052(d). TMEP section 1105.01.
B. Recitation and Classification of Services
The recitation of services is unacceptable as indefinite because the applicant must state that the research and studies being performed are “educational research and studies.” This is due to the fact that various types of research and studies that are not really “educational” in nature could be performed for members of the educational community, e.g., business research, in International Class 35, scientific research, in International Class 42. The applicant must also clarify the nature of the “research-based assistance, resources and professional development opportunities” and must list these according to their appropriate international classification, which may or may not be International Class 41. TMEP section 1301.05.
The applicant must rewrite the identification in its entirety, listing each good or service according to its appropriate international classification, with the international classes listed in ascending order. 37 C.F.R. Section 2.74(b). 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. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods or services listed in the present identification.
C. Additional Fees May Be Required
As discussed above, 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 classes covered by the fee already paid, or (2) pay the required fee for each additional class. 37 C.F.R. Section 2.86(a)(2); TMEP sections 810.01 and 1113.01.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Regards,
/Scott M. Oslick/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 x117 (Telephone)
(703) 746-8108 (Fax - Official Responses Only)
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.