UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/536184
APPLICANT: AMERICAN BANK NOTE COMPANY
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CORRESPONDENT ADDRESS: DANIEL T. EARLE SHLESINGER, ARKWRIGHT & GARVEY LLP 3000 SOUTH EADS STREET ARLINGTON, VIRGINIA 22202
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom102@uspto.gov
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MARK: AXIOM.TPS
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CORRESPONDENT’S REFERENCE/DOCKET NO: R-4937
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 76/536184
The assigned examining attorney has reviewed the referenced application and 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. Section 1052(d). TMEP section 1105.01.
The applicant must also respond to the following informality within six months from the date of this notice:
The recitation of services is unacceptable as indefinite. The applicant may adopt the following recitation, if accurate: Solicitation services namely allowing buyers of goods or services locate and receive quotations from multiple competitive sources and sellers of goods or services identify and bid on multiple opportunities in the field of printing; Procurement, namely, purchasing [specify goods or services, e.g., weapons, office furniture] for others, in the field of printing, (in International Class 35); Consulting services in the field of printing, (in International Class 40) . TMEP §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 that are not within the scope of goods set forth in the present identification.
For a detailed discussion of this Office's authority and rationale for requiring a specific identification of goods or services in an application, see Skoler, Trademark Identification ‑ Much Ado About Something?, 76 Trademark Rep. 224 (1986).
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.
Applicant's Response
No set form is required for response to this Office action. The applicant must respond to each point raised. If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. The applicant may also visit the Patent and Trademark Office’s home page at www.uspto.gov.
PLEASE NOTE: Because it delays processing, submission of duplicate papers is discouraged. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax or electronic mail. TMEP 702.04(e); Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).
/pbm/
Paula B. Mays
Trademark Examining Attorney
Law Office 102
(703) 308-9102 ext. 159
E-Mail: ecom102@uspto.gov
Facsimile (703) 746-8102
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.