Offc Action Outgoing

CAPES

Pearson, Alfreda

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO:           76/621511

 

    APPLICANT:         Pearson, Alfreda

 

 

        

*76621511*

    CORRESPONDENT ADDRESS:

  CORT FLINT

  MCNAIR LAW FIRM, P.A.

  POST OFFICE BOX 10827

  GREENVILLE, SOUTH CAROLINA 29603-0827

 

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

 

    MARK:       CAPES

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   PEARSON.01

 

    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  76/621511

 

The examiner has reviewed the applicant’s response dated December 5, 2005 and determined the following.    The Specimen has been accepted for class 45, however, additional issues have been identified not addressed in previous actions.  The examiner acknowledges the fact that the issue should have been raised in the first action and regrets any inconvenience caused by the delayed notice of the contents herein.

 

Identification / classification

The recitation of goods and/or services is unacceptable as indefinite.  The applicant must amend the recitation to indicate the common commercial or generic name of the goods and/or the nature of the services and their particular field.  TMEP §1402.11. 

 

The applicant may adopt the following recitation of goods and/or services, if accurate: 

 

Class 41              Education services provided via [specify e.g. classroom instruction and seminars] in the field of a success program for teenagers.

 

Class 45              Personal lifestyle success consultation services for teenagers.

 

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

 

Also, note that should the applicant not respond to the Office action and there is definite language in the identification not objected to by the examiner and no other issue exists, the application will result in partial abandonment.

 

If the applicant prosecutes this application as a combined, or multiple‑class, application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:

 

(1)  The applicant must specifically identify the goods and/or services in each class and list the goods or services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(b); TMEP §§810.01 and 1403.01.  Effective January 31, 2005, the fee for filing a trademark application is $325 for each class for application filed electronically and $375 for paper filed applications.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

(3)  The applicant must submit: 

 

(a) dates of first use and first use in commerce and one specimen for each class that includes goods and/or services based on use in commerce under Trademark Act Section 1(a).  The dates of use must be at least as early as the filing date of this application, 37 C.F.R. §§2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or

 

(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods and/or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods and/or services in the original application.

 

(4)  The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above.  37 C.F.R. §§2.59(a) and 2.71(c).

.

Specimen of use required for services in class 41 

A specimen showing use of the mark in commerce for the identified goods/services is required for an application based on use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a).  This application does not include a specimen.  TMEP §904.

 

Applicant must submit:

 

(1)    a specimen (i.e., an example of how applicant actually uses its mark in commerce for the goods/services listed in the application) showing the mark as it is used in commerce, and

 

(2) a statement that “the specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.59(a); TMEP §904.09. (an example is below)

 

Examples of acceptable specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale.  TMEP §§904.04 et seq.

 

Examples of acceptable specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services.  TMEP §§1301.04 et seq.

 

Sample declaration

 

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements and the like may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce; that, as of the application filing date, the mark is in use in commerce and was in use in commerce on or in connection with the specified goods or services listed in the application; that, as of the application filing date, applicant had a bona fide intention to use the mark in commerce on or in connection with the specified goods or services not yet in use as listed in the application; that the facts set forth in the application are true and correct; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

 

_____________________________

(Signature)

 

_____________________________

(Print or Type Name and Position)

 

_____________________________

(Date)

.

If the applicant has any question regarding the action or would like to expedite the process through an examiner’s amendment if possible, please feel free to call the examiner. 

 

To reach the assigned attorney by telephone, please call (571) 272 - 9273. 

 

 

/Sean W. Dwyer/

USPTO

Law Office 107

571-272-9273

 

 

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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