UNITED STATES PATENT AND TRADEMARK OFFICE
| SERIAL NO: 76/690177 | |
| CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.uspto.gov/main/trademarks.htm |
| APPLICANT: Philly Online, LLC | |
| CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: | |
Applicant is requesting reconsideration of a final refusal issued/mailed April 1, 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).
Identification of Goods:
Class 42 is acceptable as written.
Customized information searching is in class 42, not 35 or 41- these services must be reclassified.
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. Applicant needs to clarify what type of information is being provided about the automobiles and classify accordingly.
The wording used by the applicant “politics, leisure, arts, contests” is indefinite and clarification of the services is still required. For example the wording “arts” needs to be clarified as the arts could cover many different areas such as culinary arts, creative arts, martial arts, beauty arts, etc. and these could go into various classes. Politics needs to state that they are national and/or internationally related. The leisure services need to clarify they are recreation and leisure activities, and for the contests please indicate the applicant is providing/conducting them.
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 in a wide variety of fields generally found in daily newspapers, namely, national and international politics, public policy, business information, consumer information regarding general consumer merchandise, and classified advertising for others.
Class 41:
Providing a wide range of general interest information via computer networks, namely, providing current news and information;
Providing online websites featuring information in a wide variety of fields generally found in daily newspapers, namely, current news, sports, entertainment, recreation and leisure activities, games, and conducting contests;
Providing a website portal featuring links to entertainment, sporting, and cultural events and ticket information.
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.
Partial Abandonment Advisory:
If applicant fails to timely respond to this Office action within the time limit, then the aforementioned goods/services will be deleted from the application:
Class 35:
Providing online websites featuring news and information in a wide variety of fields generally found in daily newspapers, namely, national and international politics, business information, automobile.
Class 41:
Providing online websites featuring information in a wide variety of fields generally found in daily newspapers, namely, recreation and leisure activities, and conducting contests;
The application will then proceed forward for the remaining goods/services and/or classes: Class 42 and any acceptable wording. 37 C.F.R. §2.65(a).
Remedies:
If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); 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) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/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.