May 22, 2008. The examiner’s original office action of October 19, 2005 was in error because the applicant specified only services in his original identification of goods and services. The examiner suggested several International Classes of goods when he should have only specified services. He apologizes for this and corrects the oversight in this action. The following action takes into consideration the applicant’s amendment of its identification of goods of May 22, 2008. The applicant has specified services in nine classes but has submitted monies for ten classes. The applicant should contact the office about a refund.

IDENTIFICATION OF SERVICES

The identification of services is indefinite and must be clarified because it is unspecific. See TMEP §1402.01. Applicant may adopt the following identification, if accurate:

Retail toy stores; retail cosmetic stores; retail music stores; retail computer stores; retail clothing stores; retail furniture stores; automobile dealerships; retail automobile parts and accessories stores; retail sporting goods stores; retail gift shops; retail jewelry stores; retail food and beverage stores; retail grocery and pharmacy stores; motorcycle stores and dealerships; air craft dealerships; boat dealerships; automobile dealerships; office supply stores; department stores; advertising services; marketing services; retail food and beverage stores; retail hobby and craft stores; retail furniture stores; retail stores featuring, toys, cosmetics, clothing, furniture, food, beverages, clothing, jewelry, electronics, automobiles; independent sales representatives in the fields of, automobiles, aircraft, electronics, technology, toys, food and cosmetics, furniture, clothing, jewelry, air craft; restaurant franchising; online retail stores featuring automobiles, toys, cosmetics, music, furniture, jewelry; online auction services in International Class 035; and/or

Investment management, stock brokerage, financial consulting, venture capital funding services to emerging and start-up companies; financial planning and investment advisory services; financial forecasting services; banking services; banking services; leasing of shopping mall space; insurance agencies; real estate agencies in International Class 036; and/or

Airlines transportation; supply chain, logistics and reverse logistics services, namely, storage, transportation and delivery of documents, packages, raw materials, and other freight for others by air, rail, ship or truck; leasing of railway cars; public utilities; airport services; bus transport; shipping of goods; transportation of passengers and goods by air, boat, rail, and bus in International Class 039; and/or

Production of energy; oil refining; printing; contract manufacturing in the field of automobiles, aircraft, jewelry, food, beverages, toys, furniture, electronics, houses, home appliances, works of art, crafts, communication devices in International Class 040; and/or

Amusement parks, amusement parks, namely water parks, providing theme park services, museums, circuses, libraries, educational services, namely, providing courses of instruction at the university level, educational services, namely providing classes, seminars, and workshops in the fields of medicine, economics, law, business, computer science, history, and the arts and sciences; business training; training services in the field of multiculturalism; amusement arcades; movie theaters; dinner theaters; planetariums; instruction in the field of inventing and the development of new products; publication of printed matter; publishing of electronic publications in International Class 041; and/or

Technology consulting in the fields of aerospace, defense, chemicals, computer peripherals, computer software, computers, engineering, consumer food products, services for the construction of water treatment and purification plants, solid waste treatment plants and other municipal infrastructure facilities; mining; pharmaceutical research; design for others in the fields of engineering, automotive design, and consumer products; computer services, namely, providing search engines for obtaining data on a global network; computer software design for others; mechanical research; design, creation, hosting, and maintenance of web sites for others; hosting of digital content on the Internet; hosting the websites of others on a computer server for a global computer network; industrial design; mechanical engineering; medical and scientific research, namely, conducting clinical trials; technology consulting in the field of aerospace engineering; design and testing of new products for others in International Class 042; and/or

Restaurants; hotels, motels, resort hotels in International Class 043; and/or

Medical services in International Class 044; and/or

Legal services; Licensing of intellectual property; consultation in the field of copyrights, trademarks, and patents; registration of domain names for identification of users on a global computer network in International Class 045.

Identifications of services can be amended only to clarify or limit the services; adding to or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. 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.

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.uspto.gov/netahtml/tidm.html. See TMEP §1402.04.

PRO SE RESPONSE

Applicant may wish to hire an attorney to assist in prosecuting this application because of the legal technicalities involved. The Office, however, cannot aid in the selection of an attorney. 37 C.F.R. §2.11. Applicant may wish to consult a local telephone directory for a listing of attorneys specializing in trademark or intellectual property law, or seek guidance from a local bar association attorney-referral service.

/Timothy J. Finnegan/

Trademark Examining Attorney

LO 104

timothy.finnegan@uspto.gov

571-272-9710

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.uspto.gov/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.