Priority Action

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

PRIORITY ACTION

 

OFFICE SEARCH:  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 704.02. 

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.  This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

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

 

Serial Number  76/535547 – YOGAGIRL

 

The following issues were discussed in communication with Aaron D. Roberts on February 6, 2004.

 

Identification and Classification of Goods and Services

The identification of goods and services is unacceptable as indefinite and includes goods and services which may be classified in more than one class.  TMEP sections 1402.01 and 1402.11.  The applicant must amend the identification to clarify the exact nature of the goods and services and to classify the goods and services correctly. 

 

The applicant may adopt the following identification, if accurate:

 

Newsletters, books, and other related print media, namely, [specify type of print media, e.g., magazines] in the field of an inspirational agenda and health, spiritual, motivational, and self-awareness instruction and directives to promote a physically and mentally healthy lifestyle, in INT. CLASS 16;

 

Providing on-line newsletters, brochures, and books in the field of an inspirational agenda and health, spiritual, motivational, and self-awareness instruction and directives to promote a physically and mentally healthy lifestyle, in INT. CLASS 41;

 

Providing a website in the field of an inspirational agenda and health, spiritual, motivational, and self-awareness instruction and directives to promote a physically and mentally healthy lifestyle, in INT. CLASS 45.

 

If the applicant adopts the suggested amendment to the identification of goods and services and prosecutes this application as a combined, or multiple‑class, application, the applicant must amend the classification to International Classes 16, 41 and 45.  In this case, the applicant must also comply with each of the following.

 

(1)  The applicant must list the goods and 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 or 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.  

 

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 1402.06.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods or services set forth in the present identification.

 

Telephone for Assistance

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

 

 

 

 

 

/Alicia P. Collins/

Trademark Examining Attorney

Law Office 115

(703) 308-9115 ext. 486

(703) 872-9217 (fax)

ecom115@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