UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/627743
APPLICANT: Little Creations
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: LITTLE'S
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CORRESPONDENT’S REFERENCE/DOCKET NO: 07911-0001
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.
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Serial Number 76/627743
The assigned examining attorney has reviewed the referenced application and determined the following.
The Office records have been searched 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 set forth a description of services that contains incomplete descriptions, and misclassified descriptions, as follows.
“Custom framing and matting services” belong in Class 40.
“Custom photo book and photo album creation services” is unclear, as a service. If applicant is offering portrait photography services and photography services, wouldn’t “creating” a photo album or book of the customer’s pictures mean “designing” a memory book or “brag” book? “Designing” anything is a service that belongs in Class 42.
“Operation of video equipment,” by itself is incomplete. The full description is “operation of video equipment for radio and television production” or for video productions or whatever is accurate.
Applicant must amend the description in conformity with the information above.
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.
CLASSIFICATION
The applicant has classified all of its services in International Class 41. The correct classification for “custom framing and matting of photographs” International Class 40. “Designing custom photo albums and books belongs in Class 42. The applicant must either delete these services or add International Classes 40 and 42 to the application. 37 C.F.R. Sections 2.33(a)(1)(vi) and 2.85; TMEP sections 805.03 and 1401.
For assistance with identifying 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.
The examining attorney’s personal contact numbers are:
Fax: (571) 273-9444
E-Mail: jill.alt@uspto.gov
In order to submit formal responses by E-Mail, applicant must give written consent to be an electronic correspondent and set forth its E-Mail address. The signature, to be valid, must be typed between two forward slashes, as below.
/Jill C. Alt/
Trademark Attorney
Law Office 114
Tel. (571) 272-9444
Fax: (571)273-9444
HOW TO RESPOND TO THIS OFFICE ACTION:
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.