Priority Action

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 Scott A. Schleifstein, Esq. on November 12, 2008.

Recitation of Services

THIS REQUIREMENT APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN

The wording “…providing… online nondownloadable publications…in the field of integrated marketing; is indefinite and must be clarified because applicant must specify the common commercial names of the publications (e.g. journals, newsletters, bulletins, etc.). See TMEP §1402.01. Applicant may adopt the following identification, if accurate: providing online nondownloadable publications, namely, journals, newsletters, and bulletins, all in the field of integrated marketing.

Applicant may adopt the following identification of goods and services, if accurate:

“Downloadable publications, namely, journals, newsletters, bulletins, manuals, worksheets and educational books in the field of integrated marketing; downloadable webinars in the field of integrated marketing,” in International Class 9;

“Education services, namely, providing classes, seminars, conferences, practicums, lectures, presentations, colloquia, workshops, tutorials, and online nondownloadable webinars in the field of integrated marketing; providing online nondownloadable publications, namely, {specify type, e.g. journals, newsletters, bulletins, etc.}, all in the field of integrated marketing; training services in the field of integrated marketing,” in International Class 41.

TMEP §1402.01.

Identifications of services can be amended only to clarify or limit the services; adding to or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. 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. See TMEP §1402.04.

Advisory: Partial Abandonment

If applicant should fail to respond to this Office action within the six month time limit, then the following goods will be deleted from the application:

Education services, namely, providing classes, seminars, conferences, practicums, lectures, presentations, colloquia, workshops, tutorials, online nondownloadable publications and online nondownloadable webinars in the field of integrated marketing

The application will proceed forward for the remaining goods and services only.

37 C.F.R. §2.65(a).

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.

/RJPovarchuk/

Rebecca J. Povarchuk

Trademark Examining Attorney

Law Office 115

Tel: (571) 270-1529

Fax: (571) 270-2529

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.