Offc Action Outgoing

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.

Recitation of Services

The identification of services is indefinite and must be clarified as set forth in detail below. TMEP §1402.01.

“Promoting the sale and services of automobiles for others” is confusing. The applicant cannot receive service mark protection for promoting its own services. Rather, “promoting” is used when the applicant promotes the goods and services of others. By changing this to “for others” and placing the phrase at the end of the sentence, the applicant has made it unclear if it is promoting something on behalf of others, or promoting its own services in selling and maintaining automobiles that belong to others. If “promoting” is intended, the applicant is required to state how the promoting services are offered, as in “promoting the sale of the goods and services of others by awarding purchase points for credit card use, in International Class 35.” If instead the applicant really intends for the mark to cover its own services in selling and repairing cars, then “promoting” is not the correct term. Rather, the applicant should list the services themselves, as in “automobile dealerships, in International Class 35.”

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.gov.uspto.report/netahtml/tidm.html.

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.

The applicant must rewrite the identification of goods in its entirety because of the nature and extent of the amendment. 37 C.F.R. §2.74(b).

/Doritt Carroll/

Trademark Examining Attorney

Law Office 116

Phone: (571) 272-9138

Fax: (571) 273-9138

www.gov.uspto.report/teas/index.html

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.