Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  76/588430

 

This application has been reinstated by the Commissioner for Trademarks.  The Office records have been searched again 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.

 

Applicant has stated that it did not receive the previous Office action.  The trademark examining attorney has determined that all the issues raised in the Office action are still valid.  If the previous Office action contained fee information or requirements, please confirm current fee information at http://www.uspto.gov.

 

A copy of the Office action along with any supporting documents, can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.  Enter the serial number of this application in the box labeled NUMBER and click on the SUBMIT button.  The Office action can then be viewed by clicking the link labeled “Offc Action Outgoing” next to the Mail/Create Date of January 25^th, 2005 in Trademark Document Retrieval (TDR).  If applicant has any problems viewing the Office action, please contact the trademark examining attorney.

 

Applicant has 6 months from the date of this Office action to respond to the issues raised in the previous Office action. 

 

Applicant should note the following concerning it’s most recent attempt to amend its identification of services:

 

Information concerning “career counseling” is an international class 41 service.  Reference to this should be deleted from the international class 35 recitation and placed in the international class 41 recitation.  TMEP §1402.01.

 

The wording “new products in the field of career counseling” in the recitation of services is unacceptable as indefinite.  The applicant must amend the recitation to specify the common commercial name of the services or to indicate their nature or delete this wording from the recitation  TMEP §1402.11.

 

Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.

 

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

If applicant should fail to respond to this Office action within the six month time limit, then the objected to items above will be deleted from the application and the application will proceed forward for international classes 35 and 41 without these items.   37 C.F.R. §2.65(a).

 

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.

 

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

 

 

 

 

 

 

 

 

 

/Dominick Salemi/

Trademark Attorney

Law Office 106

Phone:  571-272-9330

Fax:  571-272-9106 (formal responses)

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.