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. 

 

 

Serial Number  76/627719

 

The assigned trademark examining attorney has reviewed the referenced application and has determined the following:

 

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.

 

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            Entertainment services, namely live concert tours, concerts, live shows, television series and motion picture production all in the field of comedy.

 

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 applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on <an intent to use the mark in commerce under Trademark Act Section 1(b)/a foreign registration under Trademark Act Section 44(e)/an intent to use the mark under Trademark Act Section 1(b) and/or a foreign registration under Trademark Act Section 44(e)>:

 

(1)   Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order.  TMEP § 1403.01; and

 

(2)   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. §2.86(a)(2); 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.  

 

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

 

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

 

 

Thank you,

/sean w. dwyer/

 

Sean W. Dwyer

United States Patent Trademark Office

Trademark Examiner

Law Office 103

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.