UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/668920
MARK: BABYCENTER
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: JOHNSON & JOHNSON
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
THIS IS A FINAL ACTION.
This letter responds to applicant’s communication filed June 20, 2007. The examining attorney accepts the amendments with regard to the drawing, the identification of goods for Classes 9, 16 and 35 and the claim of prior registrations. Also, the examining attorney withdraws the Trademark Act Section 2(d) refusal. However, the examining attorney maintains and makes final the refusal with regard to the recitation of services for Class 38.
CURRENT RECITATION OF SERVICES INDEFINITE
The application was initially refused because the recitation of services was indefinite. The refusal is maintained and made FINAL with regard to the recitation of services.
The application was initially refused because the recitation of services was indefinite. The recitation of services remains unacceptable as amended because the term “Telecommunications namely, hand-held devices for the transmission of voice, data, images, audio, video and information via telephone and global computer networks” is indefinite. The applicant must indicate the specific nature of the goods. Hand-held device are classified in Class 9 and the applicant must indicate the specific goods. The applicant may amend the recitation, if accurate, to:
1. Providing on-line downloadable and electronic downloadable publications relating to health, preconception, pregnancy, parenting and child care; Software featuring educational information for consumers about topics related to health, preconception, pregnancy, parenting, and child care; hand-held telecommunications devices for the transmission of voice, data, images, audio, video and information via telephone and global computer networks, namely [indicate specific goods]. (Class 9)
2. Providing on-line electronic bulletin boards for transmission of messages among computer users concerning various health, preconception, pregnancy, parenting and child care topics; audio broadcasting services and provision of telecommunication access to video and audio content provided via podcasts, network television, cable television and broadband service via the Internet; providing e-mail services for the purpose of sharing health, preconception, pregnancy, parenting and childcare information. (Class 38)
TMEP §1402.01.
Please note that, while an application may be amended to clarify or limit the recitations, additions to the recitation are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of services set forth in the present recitation.
For your assistance and convenience, the “Acceptable Identifications of Goods and Services Manual” may be searched at the Office’s global network computer website address of http://www.gov.uspto.report/web/menu/tm.html.
If applicant prosecutes this application as a combined, or multiple-class application, 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):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order; and
(2) Applicant must submit a filing fee for each international class of goods and/or 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.
RESPONSE
Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700. If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
/Caroline E. Wood/
Trademark Examining Attorney
Law Office 110
(571) 272-9243
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as 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.