UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/561299
APPLICANT: Rechargeable Battery Recycling Corporati ETC.
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*76561299*
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CORRESPONDENT ADDRESS: MICHELLE S. RAYNES HOWREY SIMON ARNOLD & WHITE, LLP 1299 PENNSYLVANIA AVENUE, N.W., BOX 34 WASHINGTON, D.C. 20004-2402
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: CALL 2 RECYCLE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 06001.0030.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 email address.
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Serial Number 76/561299
The application has been AMENDED as indicated below. Please note that if the identification of goods or services has been amended below, any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e). No response is necessary unless there is an objection to the amendment. If there is an objection to the amendment, the applicant should notify the examining attorney immediately.
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. §1052(d). TMEP §704.02.
The application is amended to classify the services originally classified in International Class 042 to International Class 035. Due to the restructuring of Class 42, services of promoting the interest of various interest groups could no longer be classified in that class. Associations, unions, PAC’s and interest groups promote the concerns of their membership through lobbying, information dissemination, etc. These are Class 35 activities even when the purpose of the association, PAC, interest group is not commercial in nature. The concern of the group is the “business” of its membership.
The decision as to the proper classification of goods or services is a purely administrative matter which is within the sole discretion of the Patent and Trademark Office. In re Tee‑Pak, Inc., 164 USPQ 88 (TTAB 1969).
Examining attorneys have the discretion to amend applications by examiner’s amendment without prior approval by the applicant or the applicant’s attorney in limited cases. TMEP §707.02.
/Susan C. Hayash/
Examining Attorney, LO 110
Office: (703) 308-9110 x.144
Fax: (703) 746-8110
susan.hayash@uspto.gov (INFORMAL responses)