The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

Search:

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.

Drawing:

The drawing is not acceptable because it is not clear because it is blurry and thus, it will not create a high quality image when reproduced. A clear drawing of the mark is an application requirement. 37 C.F.R. §2.52. Therefore, applicant must submit a new drawing showing a clear depiction of the mark. All lines must be clean, sharp and solid, and not fine or crowded. 37 C.F.R. §§2.53(c), 2.54(e); TMEP §§807.05(c), 807.06(a).

If applicant submits a new drawing in the form of a digitized image, it must be in .jpg format. The Office recommends that the digitized image have a length and width no smaller than 250 pixels and no larger than 944 pixels. 37 C.F.R. §2.53(c); TMEP §807.05(c).

Amendments or changes to the applied-for mark in a substitute drawing will not be accepted if the changes would materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.13 et seq., 807.14.

A special form drawing must comply with the following requirements:

(1) Depict the mark in black on a white background, unless the mark is in color. If color is a feature of the mark, applicant must depict the mark in color, and provide both a statement identifying the colors claimed and a statement describing where the colors appear in the mark;

(2) Depict the mark using a pen or a process that will provide high definition when copied. A photolithographic, printer’s proof copy, or other high quality reproduction of the mark may be used. All lines must be clean, sharp and solid, and must not be fine or crowded.; and

(3) Depict the mark no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide.

37 C.F.R. §§2.52(b), (b)(1), 2.54(b), (d)-(e); see TMEP §§807.04(a)-(b), 807.07(a) et seq.

In addition to the above, the Office prefers that the drawing be on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm wide and 27.9 to 29.7 cm long). One of the shorter sides of the sheet should be the top edge and include the caption “DRAWING PAGE.” 37 C.F.R. §2.54(a)-(c); TMEP §807.06(a).

The Office strictly enforces the drawing requirements.

Description:

The applied-for mark is not in standard characters and applicant did not provide a description of the mark with the initial application. Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal elements as well as any design elements. See 37 C.F.R. §2.37; TMEP §§808 et seq.

Therefore, applicant must provide a description of the applied-for mark. The following is suggested:

The mark consists of a floating sphere with a circle at the bottom representing a shadow of the sphere.

Stippling:

Applicant must clarify what the stippling in the mark represents. Please clarity if the stippling is a feature of the mark or is for shading purposes only. 37 C.F.R. §2.37; TMEP §808.01(d).

Recitation of Services:

The word “sales” in the identification of services is indefinite and must be clarified. See TMEP §1402.01. To be a service, an activity must be primarily for the benefit of someone other than the applicant. See In re Reichhold Chems., Inc., 167 USPQ 376, 377 (TTAB 1970). “Sales” or “selling” is not a service rendered for the benefit of others. See TMEP §1301.01(a)(ii).

Therefore, applicant must delete “sale(s)” and indicate with greater specificity the nature of the service, e.g., “retail store services featuring ….,” “mail order services featuring ….,” or “on-line retail store services featuring …..”

The wording used by the applicant “ADVERTISING, PROMOTING, AND OFFERING FOR SALE GOODS BY PLACING ADVERTISEMENTS AND PROMOTIONAL DISPLAYS ON AN ELECTRONIC WEBSITE ACCESSED VIA THE INTERNET AND IN PRINT MEDIA; ONLINE RETAIL SALES SERVICES IN THE FIELD OF GENERAL CONSUMER MERCHANDISE AND RELATED GOODS AND SERVICES” is indefinite and further clarification and information as specified below is required.

The wording “AND RELATED GOODS AND SERVICES” is too indefinite as the exact nature of the services must be stated.

The wording “PROVIDING A WIDE RANGE OF GENERAL INTEREST INFORMATION VIA COMPUTER NETWORKS PROVIDING ONLINE WEBSITES FEATURING INFORMATION IN A WIDE VARIETY OF FIELDS GENERALLY FOUND IN DAILY NEWSPAPERS AND ALSO INCLUDING NEWS, POLITICS, POLICY, SPORTS, BUSINESS, TECHNOLOGY, ENTERTAINMENT, ARTS, LEISURE, TRAVEL, GAMES, TRIVIA CONTESTS, REFERENCE MATERIALS, AND CLASSIFIED ADVERTISING; PROVIDING GENERAL AND CUSTOMIZED INFORMATION IN A WIDE VARIETY OF FIELDS GENERALLY FOUND IN DAILY NEWSPAPERS AND ALSO INCLUDING INFORMATION IN A WIDE VARIETY OF FIELDS GENERALLY FOUND IN DAILY NEWSPAPERS AND ALSO INCLUDING INFORMATION IN THE FIELDS OF NEWS, POLITICS, POLICY, SPORTS, BUSINESS, TECHNOLOGY, ENTERTAINMENT, ARTS, LEISURE, TRAVEL, AND GAMES; COMPUTER SERVICES, NAMELY, CREATING AND MAINTAINING WEB SITES FOR OTHERS, AND RELATED GOODS AND SERVICES” is too indefinite as further information is required and too broad as these services could go into various classes. The wording “information services” in the identification of services is indefinite and must be clarified. See TMEP §1402.01.

Information services are classified according to the subject matter of the information provided. TMEP §1402.11(b). Following are examples of proper classification: “providing information pertaining to purchasing an automobile” -- International Class 35; “providing information regarding financing and insuring an automobile” -- International Class 36; and “providing information regarding the repair and maintenance of automobiles”-- International Class 37.

If the information is provided online or via a website, this information should also be included in the identification of services, e.g., “providing online information in the field of health care information” in International Class 44.

Therefore, to enable proper classification and examination of the application, applicant must specify the subject matter of the “information services.”

The identification of services is indefinite and must be clarified because it includes the open-ended wording “including.” See TMEP §§1402.01, 1402.03(a). The identification must be specific and all-inclusive. Therefore, this wording should be deleted and replaced with “namely.”

Applicant may amend the identification to list only those services that are within the scope of the services set forth in the application or a previously accepted amendment to the identification. See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07.

Applicant may adopt the following identification, if accurate:

Class 35

Advertising and promotional services;

Promoting the goods and services of others by preparing and placing advertisements in an electronic website via print and electronic media;

Computerized on-line ordering featuring general merchandise and general consumer goods.

Providing an on-line directory information service featuring information regarding INFORMATION TO HELP LOCATE PEOPLE, PLACES, ORGANIZATIONS, PHONE NUMBERS, HOME PAGES, AND ELECTRONIC MAIL ADDRESSES.

Class 42:

ONLINE COMPUTER SERVICES, NAMELY, CREATING INDEXES OF INFORMATION, SITES AND OTHER RESOURCES AVAILABLE ON COMPUTER NETWORKS.

SEARCHING AND RETRIEVING INFORMATION, SITES AND OTHER RESOURCES AVAILABLE ON COMPUTER NETWORKS FOR OTHERS.

Providing a website that gives users the ability to create customized web pages featuring user-defined information.

Providing customized on-line web pages featuring user-defined information, which includes search engines and on-line web links to other web sites.

Providing information at the specific request of end-users by means of telephone or global computer networks [customized searching];

Providing specific information as requested by customers via the Internet [customized searching].

For assistance regarding an acceptable listing of goods and/or services, please see the on-line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.uspto.gov/web/offices/tac/doc/gsmanual/.

Recitation and Identification Amendment Advisory:

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

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) :

Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and;

Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

Questions:

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.

/Lourdes D. Ayala/

Examining Attorney

Law Office 106

(571) 272- 9316

Fax: (571) 273-9106

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.uspto.gov/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.