Offc Action Outgoing

This Office action is in response to applicant’s communication filed on April 21, 2008. Applicant’s entity information and amended identification of goods and services for International Classes 009 and 042 have been accepted and entered into the record.

Requirement for Acceptable Identification of Services Made FINAL as to Class 041

The proposed amended identification of services for International Class 041 set forth in applicant’s April 21, 200 correspondence is unacceptable for the following reasons.

The wording “providing access to information, film, video, audio, music, pictures, games, software and other multimedia content via websites, blogs, online forums, chat rooms, electronic bulletin boards 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. See TMEP §§1402.01, 1402.03. For example, providing access services in the nature of providing telecommunications connectivity to websites are classified in International Class 038, services in the nature of providing information via websites, blogs, etc. are classified according to the subject matter of the information provided, services in the nature of providing blogs are classified in International Class 041, services in the nature of providing chat rooms, online forums, and electronic bulletin boards are classified in International Class 038. Therefore, applicant must describe the particular services intended and adopt the appropriate International Class(es).

Applicant may substitute the following wording, if accurate: “providing a website featuring information in the field of entertainment about films, videos, audio recordings, music, art, and games; providing blogs featuring [specify subject matter]” in International Class 041 and “providing online forums, chat rooms, and electronic bulletin boards for transmission of messages among user in the field of [specify field, e.g., general interest, entertainment news, music, etc.]” in International Class 038.

The wording “electronic publishing on the Internet or other communication networks of text, graphics, music, pictures, videos, games, software and other multimedia content and information” in the identification of services must be clarified because it is unacceptably indefinite. TMEP §1402.01. In particular, this wording is indefinite because one does not “publish” graphics, music, pictures, videos, games, software, and other multimedia content and information. Instead, the correct object of publication services would be a particular type of publication, such as a book, magazine, brochure, or the like. Therefore, applicant must clarify the intended services. If applicant is providing a website that features on-line articles, music, pictures, etc., applicant must so state and must specify the subject matter of the information provided in order to clarify the proper classification of these services. Applicant may substitute the following wording, if accurate: “electronic publishing on the Internet or other communication networks of multimedia [specify publication type, e.g., books, magazines, etc.] featuring text, graphics, music, pictures, videos, games, software and other multimedia content and information.”

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 or 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 or other communication networks

Class 038 Providing online forums, chat rooms, and electronic bulletin boards for transmission of messages among user in the field of [specify field, e.g., general interest, entertainment news, music, etc.]

Class 041 Providing a website featuring information in the field of entertainment about films, videos, audio recordings, music, art, and games; providing blogs featuring [specify subject matter]; electronic publishing on the Internet or other communication networks of multimedia [specify publication type, e.g., books, magazines, etc.] featuring text, graphics, music, pictures, videos, games, software and other multimedia content and information

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.

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.

Partial Abandonment Advisory/Responding to a Final Office Action

If applicant does not respond within six months of the mailing date of this final Office action, the following class to which the final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment:

Class 041 Providing access to information, film, video, audio, music, pictures, games, software and other multimedia content via websites, blogs, online forums, chat rooms, electronic bulletin boards over the Internet or other communication networks; electronic publishing on the Internet or other communication networks of text, graphics, music, pictures, videos, games, software and other multimedia content and information

The application will then proceed for the remaining classes. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

Applicant may respond to this final Office action by:

(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b), TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

/Debra Lee/

Trademark Attorney

Law Office 116

Voice: 571-272-5897

Fax: 571-273-9116

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; 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.