UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/684354
MARK: GENE
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: The Pearlstein Foundation, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
SEARCH RESULTS
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. However, applicant must respond to the following requirements.
IDENTIFICATION OF SERVICES
The wording “charitable services” in the identification of services needs clarification because it is indefinite, overly broad and could include services in multiple classes. Charitable services are classified according to the type of service provided, e.g., “charitable services, namely, providing office equipment to those in need” in Class 35, “charitable fund raising” in Class 36, “charitable services, namely, renovating and constructing homes for low income families” in Class 37, “charitable services, namely, providing radio and cellular communication services to those in need” in Class 38, “charitable services, namely, providing transportation to the elderly or handicapped persons” in Class 39, “charitable services, namely, providing toys to needy children” in Class 41, “charitable services, namely, providing computer equipment to schools” in Class 42, “charitable services, namely, providing food to needy persons” in Class 43, “charitable services, namely, providing first aid supplies to those in need” in Class 44, “charitable services, namely, providing clothing to needy persons” in Class 45. This applicant must identify the nature of the services with particularity. Applicant may adopt the following identification and classification of goods, if accurate:
Class 36: Charitable fund raising
TMEP §1402.01.
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.
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.
The application identifies services that may be classified in numerous classes; however, the fees submitted are sufficient for only 1 class. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2); TMEP §§810-810.01 and 1403.01.
Therefore, applicant must either: (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for the additional class(es).
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/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.
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.
SIGNIFICANCE INQUIRY – POSSIBLE DISCLAIMER
Applicant must specify whether “GENE” has any significance in the trade or industry, any geographical significance, or any meaning in a foreign language. 37 C.F.R. §2.61(b).
If applicant’s services are related to genetics, applicant must disclaim the term “GENE” as descriptive of a feature of the services. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). See attached dictionary definition of the term “gene” as a segment of DNA that is the basic unit of heredity. Genetics is the study of genes and heredity.
The following is the accepted standard format for a disclaimer:
No claim is made to the exclusive right to use “GENE” apart from the mark as shown.
MARK DESCRIPTION REQUIRED
Applicant must submit a concise description of the mark. 37 C.F.R. §2.37; TMEP §§808 et seq. The following is suggested:
The mark consists of an image of a pair of jeans where coils extend from the legs of the jeans and a double helix design extends from the waist of the jeans, and the word “GENE” appears on the buckle of the belt on the jeans.
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.
/Charlotte K. Corwin/
Charlotte Klein Corwin
Trademark Examining Attorney
Law Office 117
Phone - (571) 270-1532
Fax - (571) 270-2532
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.