UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

REQUEST FOR RECONSIDERATION DENIED

 

ISSUE/MAILING DATE:

 

This Office action supersedes any previous Office action issued in connection with this application.

 

Applicant is requesting reconsideration of a final refusal issued/mailed April 4, 2009.

After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue.

Accordingly, applicant’s request for reconsideration is denied.  The time for appeal runs from the date the final action was issued/mailed.  37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).  If applicant has already filed a timely notice of appeal, the application will be forwarded to the Trademark Trial and Appeal Board (TTAB).

Amendment(s):

The following is acceptable and entered into the record: (1) class 41 is added.

Identification of Services:

Some of the wording used by the applicant still requires further clarification and information as the wording is either indefinite or too broad. See below.

The wording “arts, leisure, games” needs further information and clarification as to the services in question. The applicant needs to clarify what services it is providing in relation to “arts, leisure, and games.”

Customized searching services are in class 42 as follows:

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]. 

Information or a website about automobiles must be clarified as for information about automobiles could go into various classes such as, 35, 36, 37, 39, 40, etc.

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/.

The applicant has misclassified the class 41 and class 42 services. Please reclassify correctly and add the missing semicolon in class 42.

Applicant may adopt the following identification, if accurate: 

Class 35:

Advertising and promotional services;

Advertising and promoting the goods and services of others through print media in newspapers and magazine and through electronic media in an electronic website on the Internet;

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

Providing an on-line directory information service featuring information regarding information to locate people, places, organizations, phone numbers, home pages, and electronic mail addresses and websites;

Providing online directory information services featuring hyperlinks to other websites;

Providing online websites featuring news and information about national and international politics, public policy information in the field of {indicate subject matter of information}, business, consumer information in the field of {indicate subject matter of information}, and classified advertising.

Class 41:

Providing current event news and information via a global computer network;

Providing news and information in the field of sports via a global computer network;

Providing information, news and commentary in the field of entertainment via a global computer network;

Providing news and information in the field of arts, namely, art exhibitions via a global computer network;

Providing information, news and commentary in the field of recreation and leisure activities via a global computer network;

Organization of games via a global computer network;

Providing companionship for playing games and cards via a global computer network;

Providing facilities for playing paintball games via a global computer network;

Providing information on-line relating to computer games and computer enhancements for games via a global computer network;

Provision of information relating to contests and games via a global computer network;

Providing a website portal featuring links to entertainment, sporting, and cultural events and entertainment, sporting, and cultural events performance ticket information.

Class 42:

Online computer services, namely, creating indexes of information, sites and other resources available on computer networks;

Searching and retrieving information, websites and other resources available on computer networks for others;

Computer services, namely, creating and maintaining web sites for others;

Searching and retrieving information, websites and other resources available on computer networks for others;

Providing specific information as requested by Internet users via the Internet.

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.

Partial Abandonment Advisory:

If applicant fails to timely respond to this Office action within the time limit, then the unacceptable services will be deleted. The application will then proceed forward for the remaining goods/services and/or classes. 37 C.F.R. §2.65(a).

 

 

/Lourdes D. Ayala/

Examining Attorney

Law Office 106

(571) 272- 9316

Fax: (571) 273-9106

 

 

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.