UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/543862
APPLICANT: Yisia Young Suk Lee
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: YISIA
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CORRESPONDENT’S REFERENCE/DOCKET NO: 87278-35
CORRESPONDENT EMAIL ADDRESS: |
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 76/543862
This letter responds to the applicant's communication filed with the Petition to Revive on September 7, 2004.
THIS REFUSAL APPLIES TO CLASS 42 ONLY
If applicant should fail to respond to this Office action within the six month time limit, then Class 42 will be deleted from the application and the application will proceed forward for Class 9 only. 37 C.F.R. §2.65(a).
The examining attorney strongly suggests that the applicant consult the on-line identification manual on the PTO homepage for a searchable database of acceptable identifications for goods and services. The manual is available at: http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.
PLEASE NOTE: 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(b); 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 and services recited in the present identification.
The wording “graphic art design services; graphic illustration services for others; computer software design of the visual appearance of graphical user interfaces for others; computer graphics design services; animation and special-effect design for others and consultation services rendered in connection therewith; computer site design; computer software design for others; graphic art design;” in the recitation of services is unacceptable because it is redundant. The applicant has repeated the identical services twice in the identification of services and, in some cases, even three times. The applicant may amend the identification, if accurate, to:
CLASS 42: Graphic art design services; graphic illustration services for others; computer software design of the visual appearance of graphical user interfaces for others; computer graphics design services; animation and special-effect design for others and consultation services rendered in connection therewith; computer site design; computer software design for others; design of web sites for others; computer programming services for others; design, development and implementation of graphical user interfaces and their software for others; computer software design and development for others; computer games software design and development for others; and research and consultancy in the field of graphical user interfaces software. TMEP §1402.11.
Please note that the only appropriate responses to a FINAL action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700. If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. Section 1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).
In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/SEH/
S.E. Hickey
Attorney
U.S. Patent and Trademark Office
Trademark Law Office 112
571-272-9408
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm