UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/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 76/568440

 

EXAMINER'S AMENDMENT

 

In accordance with the authorization granted by Paul Vargo on July 14, 2004, the application has been AMENDED as indicated below.  Please advise the undersigned if there is an objection to the amendment.   

 

 

 

 

Standard Character Claim

The mark is presented in standard characters without claim to any particular font style, size, or color.

 

PRIORITY ACTION

 

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

Please note:  The issue raised can be resolved by telephone.  The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

 

Recitation of Services – Indefinite

The recitation of services is unacceptable as indefinite and too broad because it does not adequately specify the nature of the services rendered (see examining attorney’s suggestions below).  The applicant may adopt the following recitation, if accurate:  

 

Class 041: “Educational services, namely _____ (specify using common commercial or generic name, e.g., conducting programs regarding the use of dental instruments; hands-on training regarding the use of dental instruments; conducting [indicate specific mode of instructions, e.g. classes, seminars, conferences, workshops] regarding the use of dental instruments]) [Applicant may indicate that it is distributing course materials in connection therewith].”

 

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 or services that are not within the scope of the goods and services recited in the present identification.

 

For your assistance and convenience, the “Acceptable Identifications of Goods and Services Manual” may be searched at the Office’s global network computer website address of  http://www.gov.uspto.report/main/trademarks.htm.

 

Opportunity to Respond

Please note: If the applicant submits a response via TEAS, an electronic signature is required.  An applicant, registrant or attorney may sign a TEAS communication by entering a “symbol” that he or she has adopted as a signature between two slashes.  In addition, the Office will accept a TEAS communication containing the “/s/” (“/(signature)/”) notation in lieu of a signature.  A scanned image of a document signed in ink is also acceptable, as long as the image is attached in .jpg format.  TMEP §304.08.

 

 

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

 

 

 

/Tricia L. Sonneborn/

Examining Attorney Law Office 110

Phone:  703.308.9110 ext. 138

Fax:      703.746.8110

 

 

 

 

 

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.

 

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