Offc Action Outgoing

DNAVIGATOR

ANCESTRY.COM DNA, LLC

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO:           76/672850

 

    MARK: DNAVIGATOR    

 

 

        

*76672850*

    CORRESPONDENT ADDRESS:

          REED F. WINTERTON

          Sorenson Companies      

          2511 S WEST TEMPLE

          SALT LAKE CITY, UT 84115-3060      

           

 

RESPOND TO THIS ACTION:

http://www.gov.uspto.report/teas/eTEASpageD.htm

 

GENERAL TRADEMARK INFORMATION:

http://www.gov.uspto.report/main/trademarks.htm

 

 

    APPLICANT:           Sorenson Molecular Genealogy Foundation, ETC.         

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:  

          N/A        

    CORRESPONDENT E-MAIL ADDRESS: 

          

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE:

 

The assigned examining attorney has reviewed the referenced application and 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.

 

Recitation of Services

The wording used to describe the services needs clarification because the applicant has named services that potentially fall into more than one international class. TMEP §1402.01. Applicant may adopt the following identification of services, if accurate: 

 

Providing an online searchable database of genetic and genealogical information for scientific research purposes on a global computer network in International Class 42; and/or

 

Providing an online searchable database of genetic and genealogical information for medical diagnostic and treatment purposes on a global computer network in International Class 44.

 

If the suggested identifications are not accurate, please refer to the Acceptable Identification of Goods and Services Manual found at www.uspto.gov for additional listings of goods and services.  If the applicant needs further assistance with acceptable wording, please contact the examining attorney.

 

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 section 804.09.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods or services set forth in the present identification.

 

Prosecution as a Combined Application

If the applicant wishes to add one or more classes of goods or services to the 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):

 

(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 (current fee information should be confirmed at http://www.uspto.gov).  37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

 

Fees for Additional Classes

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.

 

If the applicant has any questions or needs assistance in responding to this office action, please contact the examining attorney.

 

 

 

 

 

 

 

 

/Dawn Feldman Lehker/

Trademark Examining Attorney

United States Patent and Trademark Office

(571) 272-9381

F (571) 273-9111

 

 

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.

 

 

 

 


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