UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/640090
APPLICANT: Automatic Transmission Rebuilders Associ ETC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ATRA
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CORRESPONDENT’S REFERENCE/DOCKET NO: 47453
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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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 76/640090
The assigned examining attorney has reviewed the above-referenced application and determined the following.
No Conflicting Marks Noted
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 § 1207.01 et seq.
Informalities
Although the examining attorney has not refused registration on any substantive basis, the applicant must respond to the following informalities.
Identification of Services – Class 41
The recitation of services is unacceptable as indefinite.
The applicant may adopt the following recitation, if accurate. TMEP § 1402.01.
Class 16: Printed educational materials in the field of automotive transmission installation, operation, repair, replacement and maintenance.
Class 37: Providing information in the field of installation, repair, replacement and maintenance of automotive transmission.
Class 41: Educational services, namely, organizing and conducting technical training seminars, workshops and exhibitions in the fields of automotive repair services, business management skills and efficient work habit development; providing instructional information in the field of operating automotive transmissions; and providing on line presentations in the fields of automotive transmission repairs, developments and technology.
Class 42: Providing on line information and presentations in the fields of automotive transmission repairs, developments and technology.
Please note: the recitation of services in Class 35 is acceptable and made of record.
In addition, the examining attorney strongly recommends that the applicant consult The Acceptable Identification of Goods and Services Manual, available on-line at http://tess2.gov.uspto.report/netahtml/tidm.html. As set forth in the TMEP, this manual "sets out acceptable language for identifying goods and services of various types." TMEP § 1402.04.
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(a); TMEP § 1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the 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 services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
The filing fee for adding classes to an application is as follows:
(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and
(2) $375 per class, when the fees are submitted with a paper response.
37 C.F.R. §§2.6(a)(i) and (ii); TMEP §810.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response.
In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action.
PLEASE NOTE: Submission of duplicate papers is discouraged because it delays processing. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax. TMEP 702.04(e); Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Kelly Boulton/
Trademark Attorney
Law Office 102
571-272-9247
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.