Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

The Office has reassigned this application to the undersigned examining attorney.

The examining attorney acknowledges receipt of applicant’s communication filed February 12, 2013. The applicant’s deletion of the Section 44 filing basis for classes 28, 34 and 41 has been entered into the record.

The Section 2(d) refusal based upon U.S. Registration No. 2741858 is withdrawn. The Section 2(d) refusals based upon U.S. Registration Nos. 1172672 and 1418699 are maintained as to Class 43 only.

Recitation and Classification of Services

The proposed amendment to the identification of services in Class 41 is indefinite and must be clarified because it does not meet the specificity requirements of the Office. See 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.

The applicant’s amendment to the recitation is set forth below with the unacceptable terms indicated in bold print and suggestions for acceptable amendment following in brackets:

IC 041. US 100 101 107. G & S: Amusement arcade services; gaming services related to blackjack, keno, craps, roulette, poker, slot machines,pontoon, boule, baccarat, punto banco, chemin defer, mini-dice, fan tan, sic bo, pal gow, pal gow poker, lucky wheel,casino war, red dog, and video poker machines [As worded, these read as a product in Class 28. Applicant may amend to “providing facilities for the use of video poker machines.”; providing recreational facilities such as [namely] swimming pools, gymnasium, health clubs, exercise clubs and exercise facilities; planning sports competitions; booking of seats for shows; providing sports facilities; planning, arranging and conducting of sports competitions; off track betting services; bingo hail services;providing on-line electronic non-downloadable publications in relation to sports events results, news events, offers of bets,and betting odds; publication of on-line publications of electronic books and journals; non-downloadable on-line games; and provision of games by means of a computer based system

For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.

If the applicant has any questions, please contact the undersigned.

/Janice L. McMorrow/

Janice McMorrow

Trademark Examining Attorney

Law Office 115

571.272.9194

janice.mcmorrow@uspto.gov (informal responses)

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.