UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

SECOND 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. 

 

 

Serial Number  76/594024

 

This letter responds to the applicant’s communication filed on July 7, 2005.  In the foregoing communication, the applicant amended the recitation of services, provided a disclaimer and standard character claim, and argued against the refusal to register based on a likelihood of confusion under Section 2(d).  The refusal to register the mark is withdrawn.  Further, the disclaimer and standard character claim are accepted and these changes have been entered into the record. 

 

As to the recitation of services, the examining attorney remains of the opinion that the recitation proposed is unacceptable as overly broad.  Accordingly, the requirement for an acceptable recitation is hereby maintained and continued.

 

Recitation of Services

Upon further review of the recitation of services proposed by the examining attorney in the First Office Action, and the recitation submitted by applicant in the response dated July 7, 2005, the examining attorney has determined that the wording is unacceptable as overly broad.  The recitation contains services that are classified in different international Classes.  Specifically, providing online tours of residential and commercial real estate is a services classified in International Class 35.  TMEP §1402.01.  Applicant may adopt the following identification of services, if accurate:

 

Providing information in the field of real estate, namely, providing real estate marketing information namely on-line service featuring virtual property showings of residential and commercial real estate in International Class 35.

 

Online information system, namely, providing information in the field of real estate listings via the Internet; providing information in the field of real estate in International Class 36.

 

Failure to Respond – Abandonment of Services

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application:  “providing information in the field of real estate, namely, providing a website featuring real estate marketing information in the nature of virtual property showings and providing a live link to real estate listing information.”  The application will then proceed forward for the remaining services only.  37 C.F.R. §2.65(a).

 

Applicant’s Response

Please note that there is no required format or form for responding to this Office action.  However, applicant should include the following information on all correspondence with the Office:  (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.

 

For your convenience, the Trademark Status Line (703) 305-8747 has been established for immediate case status inquiry.  This service is available Monday through Friday from 6:30 a.m. until Midnight Eastern time.  Case status inquiry is also available through the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov.

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

/Ellen J.G. Perkins/

Ellen J.G. Perkins

Trademark Examining Attorney

USPTO Law Office 110

(571) 272-9372

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• 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 in your response.

 

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.