Priority Action

The application will be given priority as an amended application if a response to the requirements stated below is received within two months of the issue/mailing date.

ISSUE/MAILING DATE:

OFFICE SEARCH: 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. Section 1052(d). TMEP section 704.02.

The following issues were discussed in communication with applicant’s attorney, Donald D. Mon, on September 21, 2007.

Identification of Services

The applicant has identified the goods and/or services as follows:

International Class (unspecified): providing enabling facilities and guidance for participation of individuals in adventurous observation and investigation relating to marine ecosystems.

The wording shown above in bolded text in the identification of goods and/or services is unacceptable as indefinite. Specifically, the bolded wording does not adequately specify the nature of applicant’s services and may include services in more than one International Class. The applicant must amend the identification to specify the common commercial name of the goods or services. If there is no common commercial name for the product or service, the applicant must describe the product and its intended uses or indicate the nature of the services. TMEP §1402.01. The applicant may adopt the following amended formulation for an acceptable amended identification, if accurate:

International Class 041: Providing facilities for recreation activities, namely, providing facilities for individuals to participate in the adventurous recreational observation of marine ecosystems; Providing guidance in the nature of classes, seminars, workshops, tutoring, and mentoring in the field of marine ecosystems for individuals participating in the adventurous observation and investigation thereof.

International Class 042: Providing land-based and sea-based marine research laboratory facilities for the participation of individuals in the adventurous observation and investigation of marine ecosystems.

TMEP §1402.01.

If applicant adopts the suggested amendment of the goods and/or services, then applicant must amend the classification to International Classes 039 and 042. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq.

Please note that, while the application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods and/or services that are not within the scope of those set forth in the present identification.

For further 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 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 Guidelines

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. Please note that all electronic communications must be signed using the "/name/" format. TMEP section 804.05.

Applicants may now respond formally using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>. When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces the time it takes to process the applicant’s response, while also eliminating the possibility of data entry errors by the Office. Applicants are strongly encouraged to use TEAS to respond to office actions.

TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>: (1) responses to Office actions; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner’s address; (5) appointments and revocations of attorney; (6) amendments to allege use; (7) statements of use; (8) requests for extension of time to file a statement of use, and (9) requests to delete a §1(b) basis. If any of these documents are filed on paper, they must be accompanied by a $50 per class fee. 37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(i). NOTE: In addition to the above, applicant must also continue to accept correspondence from the Office via e-mail throughout the examination process in order to avoid the additional fee. 37 C.F.R. §2.23(a)(2).

PLEASE NOTE: Because it delays processing, submission of duplicate papers is discouraged. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted electronically or by fax. TMEP 306.04; Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).

/Kevin S. Corwin/

Trademark Examining Attorney

Law Office 112

Phone - (571) 270-1521

Fax No - (571)270-2521

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.