Offc Action Outgoing

GET YOUR HOUSE IN ORDER

Rush Communications of NYC, Inc.

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO:           76/615853

 

    APPLICANT:         Rush Communications of NYC, Inc.

 

 

        

*76615853*

    CORRESPONDENT ADDRESS:

  BRAD D.  ROSE

  PRYOR CASHMAN SHERMAN & FLYNN LLP

  410 PARK AVE FL 10

  NEW YORK, NY 10022-4441

 

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

 

    MARK:       GET YOUR HOUSE IN ORDER

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   N/A

 

    CORRESPONDENT EMAIL ADDRESS: 

 

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.

 

 

 

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  76/615853

 

The application was approved from publication on November 26, 2005. Unfortunately, new issues have been brought to light that must be addressed before the application may be published in the Official Gazette. The examining attorney has determined the following:

 

Recitation of Services

 

The recitation of services is unacceptable as indefinite because “providing a website containing business and economic news pertaining to the field of investments and financial planning” should be in Class 35.  The applicant may amend this wording to the following, if accurate:

 

Providing a website containing business and economic news pertaining to the field of investments and financial planning, in International Class 35.

 

Credit card services; credit card transaction processing services; electronic credit card transactions; issuing credit cards; credit card verification; credit consultation; credit inquiry and consultation; credit rating services; credit recovery and collection; credit reporting services; credit unions; credit agencies; credit bureaus; evaluation of credit bureau data; debit card services; electronic debit transactions; accounts receivables financing; accounts payable debiting services; cash replacement rendered by credit card; payroll tax debiting services; on-line banking services; savings bank services; checking account services; travelers' check issuance; electronic funds transfer; providing bank account information by telephone and by the Internet; check cashing, processing and verification; electronic cash transactions; cash management; mortgage banking; mortgage loan and financing services; providing transaction support and facilitation services in the field of real estate finance, namely, maintaining mortgage escrow accounts, mortgage banking, mortgage brokerage, mortgage lending, mortgage procurement for others, buyer pre-qualification of mortgages for mortgage brokers and banks, origination, acquisition, servicing, securitization and brokerage of mortgage loans; issuance of mortgage backed securities; mortgage loan services featuring an adjustable rate mortgage; providing mortgage loans structured to allow for a number of sources from which to derive a down payment; mortgage finance information training service; providing automated mortgage underwriting technology and related support to others; mortgage-related services, namely, an initiative for the homeowner or homebuyer to obtain financing for repair and remodeling, also known as home equity loan financing; mortgage consulting services, mortgage information services, modeling and analysis of mortgagor behavior for others, purchase and sale of residential and commercial mortgages; financing services; financial services, namely, providing on-line stored value accounts in an electronic environment; financial services, namely, providing financial services in the secondary mortgage market financial services, namely, investment fund transfer and transaction services; providing financial information, consultation and analysis; loan financing; money order services; money order payment guarantee services; electronic commerce payment services, namely, establishing funded accounts used to purchase goods and services on the internet; brokerage and investment services in the fields of securities, stocks, bonds, money market funds, mutual funds, money market funds, commodities, futures, options, and indices of any of them; retirement plan administration services; trustee services and retirement plan recordkeeping services; trust company custody services; electronic commerce services, namely, exchange and analysis of mortgage loans servicing and mortgage pricing information; providing information on mortgages, mortgage financing transaction, real estate underwriting and real estate finance services over the internet and through intranets and other computer networks; providing information via the internet on computer software and technology relating to the financial services industry and to mortgage services; providing an interactive online computer database of information in the field of financial services and mortgage services for use by financial institutions and mortgage consumers; providing links to websites of others featuring financial information for use by financial institutions, entities, and agencies; providing a website with financial and investment information, financial and investment news, financial and investment research, financial and investment databases, all for use by investors in the analysis of investments, finances, and financial planning, in International Class 36.

 

TMEP section 1401.02.

 

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. Section 2.71(b); TMEP section 1401.02.  Therefore, the applicant may not amend to include any services that are not within the scope of services set forth in the present identification.

 

Failure To Respond – Abandonment of Specific Classes

 

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 a website containing business and economic news pertaining to the field of investments and financial planning.”  The application will then proceed forward for the remaining services only.  37 C.F.R. §2.65(a).

 

Contact and Status Update Information

 

The applicant may view and download any or all documents contained in the electronic file wrapper of all pending trademark applications, as well as many registrations via the Trademark Document Retrieval (TDR) system available online at:

 

<http://portal.gov.uspto.report/external/portal/tow>. 

 

Currently, you can access all pending applications and all Madrid Protocol filings, and also many registrations, via TDR.  The USPTO is in the process of converting all remaining registrations into a digital format, to permit future TDR access.  This conversion process is expected to take several years.

 

Downloads are converted into PDF format and may be viewed with any PDF viewer, including the free Adobe Reader.

 

If you need information regarding the application process or applying for a Trademark, please access other resources on the Trademark Web page such as: Frequently-Asked Questions or Basic Facts about Trademarks.  More detailed information is available in the Trademark Manual of Examining Procedure and the Acceptable Identification of Goods and Services Manual. 

 

Applicants should note that they may now file changes of correspondence address via a new form on TEAS.   Address changes may be performed on up to 20 cases at a time.  The Trademark Office strongly encourages applicants to use this time-saving form that is available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm

 

To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9103.

 

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

 

 

/Ronald E. Aikens/

Trademark Attorney, Law Off. 103

(571) 272-9268 (wk)

(571) 273-9268 (fax)(not for Official resp.)

Ron.Aikens@USPTO.gov

 

 

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.

 


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