Offc Action Outgoing

The wording “software platforms” in the identification of goods must be clarified because it is unacceptably indefinite. TMEP §1402.01. Applicant must describe in detail the goods intended by the wording “software platforms” (e.g., computer systems comprised of computer hardware and software, etc.). Because this wording appears to be another way of describing software, the examining attorney has removed this wording from the suggested identification of goods for International Class 009. If this wording refers to additional goods, applicant must so state.

Class 041

The wording “design, operation, management and hosting of blogs and other interactive services on the Internet or other communication networks” in the identification of services is indefinite and must be clarified because it is too broad and could include services in other international classes. TMEP §§1402.01 and 1402.03. Services in the nature of providing blogs are classified in International Class 041, but services in the nature of designing, hosting, and managing web sites for others are classified in International Class 042. Also, applicant must specify the field or subject matter of its blogs. Finally, the wording “other interactive services” is unacceptably vague. Applicant must specify the particular blog-related and “other interactive services” intended and adopt the appropriate International Class(es). See the examining attorney’s suggestions below.

The wording “publishing services, including blogs, on the Internet or other communication networks” in the identification of services must be clarified because it is unacceptably indefinite. TMEP §1402.01. Applicant must specify the particular items it publishes for others (e.g., books, magazines, newsletters, journals, text and graphic works of others, etc.). Further wording “including blogs” is inappropriate because “blogs” are not appropriate subject matter for publication services. Applicant may indicate that it provides blogs or it may specify that designs, hosts, and manages websites for others featuring blogs; but please note that services in the nature of designing, hosting, and managing websites for others are classified in International Class 042, rather than International Class 041. Applicant may substitute the following wording, if accurate: “electronic publishing on the Internet or other communication networks of [specify type of works published].”

The wording “providing services to enable uploading, downloading, publishing, editing, playing, streaming, viewing, blogging, sharing or otherwise providing film, video, audio, music, pictures, games, software and other multimedia content and information over the Internet or other communication networks” in the identification of services is indefinite and must be clarified because it is too broad and could include services in other international classes. TMEP §§1402.01 and 1402.03. Applicant must specify the particular services intended and adopt the appropriate International Class(es). Applicant may substitute the following wording, if accurate: “providing a website that enables computer users to upload, download, publish, edit, play, stream, view, blog, share or otherwise provide film, video, audio, music, pictures, games, software and other multimedia content and information over the Internet or other communication networks” in International Class 042.

To summarize, applicant may adopt the following identification of goods and services, if accurate:

Class 009 Software for the design, operation, management and hosting of blogs and other interactive services on the Internet and other communication networks; software to enable uploading, downloading, publishing, editing, playing, streaming, viewing, blogging, sharing or otherwise provide film, video, audio, music, pictures, games, software and other multimedia content and information over the Internet and other communication networks

Class 041 Providing blogs featuring [specify subject matter] on the Internet or other communication networks; electronic publishing on the Internet or other communication networks of [specify type of works published]

Class 042 Designing, hosting, and managing websites for others on the Internet or other communication networks featuring blogs; providing a website that enables computer users to upload, download, publish, edit, play, stream, view, blog, share or otherwise provide film, video, audio, music, pictures, games, software and other multimedia content and information over the Internet or other communication networks

If the suggestions offered by the examining attorney are incomplete or are inaccurate, applicant is encouraged to consult the online searchable Manual of Acceptable Identifications of Goods and Services for guidance at http://tess2.gov.uspto.report/netahtml/tidm.html.

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

Information Regarding Multi-Class Applications

The application identifies goods and/or services that may be classified in more than the number of international classes covered by the fee paid. Therefore, the applicant must either: (1) restrict the application to the number of classes covered by the fee already paid, or (2) pay the required fee for each additional class. 37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) Applicant must list the goods and 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 services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

/Debra Lee/

Examining Attorney

Law Office 116

Voice: 571-272-5897

Fax: 571-273-9116

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 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.