UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/552004
APPLICANT: Unbeaten Path International Ltd.
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CORRESPONDENT ADDRESS: PETER N. JANSSON JANSSON, SHUPE & MUNGER, LTD. 245 MAIN STREET RACINE, WISCONSIN 53403
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: BY INVITATION ONLY
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/552004
The assigned trademark examining attorney has reviewed the referenced application filed on October 15, 2003, and has determined the following.
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The identification of goods is unacceptable as indefinite because it does not identify the specific function of the software – the applicant must identify how the software enhances the efficacy of the business functions. The applicant may adopt the following identification, if accurate:
Computer software to enhance the efficacy of recording business transactions, planning business operations, executing business operations and searching for and reporting data by (the applicant must explain how the software “enhances the efficacy” of these functions by providing information regarding the specific function the software performs), in International Class 9.
TMEP §1402.01.
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 or services that are not within the scope of the goods and services recited in the present identification.
Fee Increase
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Eugenia K. Martin/
Eugenia K. Martin
Examining Attorney
Law Office 114
(703) 308-9114 x122
(703) 746-8114 (fax)
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 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.