To: | Allied Telesis, Inc. (trademarks@wsgr.com) |
Subject: | TRADEMARK APPLICATION NO. 77010174 - ATI - N/A |
Sent: | 2/20/2007 5:42:37 PM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/010174
APPLICANT: Allied Telesis, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ATI
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
TELEPHONE RESPONSE: Applicant is encouraged to telephone the trademark examining attorney to resolve the issue raised below.
Serial Number 77/010174
The assigned examining attorney has reviewed the referenced application and determined the following:
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.
Nevertheless, the applicant’s mark cannot be approved for publication unless and until the following issue is satisfactorily addressed:
The identification of services is not acceptable because it contains indefinite and broad language. TMEP §1402.01. The applicant must amend the identification to list the specific educational services provided, to clarify that the examination services are “educational examination” services, and to describe the particular “certification” services. Generally, certification services are classified in International Class 42. If the applicant awards certificates for completion of its educational services, this must be clarified.
The applicant must amend the application to adopt an acceptable identification and classification of services. The applicant may amend to adopt the following identification, if accurate:
Educational services, namely, conducting seminars, courses, workshops and certification courses in the fields of networking equipment and computer systems and providing examinations in conjunction therewith.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. 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 may wish to consult the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html for assistance in identifying and classifying the services.
If the applicant has any questions or needs assistance in responding to this Office Action, please contact the assigned examining attorney.
/Kimberly Frye/
Trademark Examining Attorney
Law Office 113
(571) 272-9430 (Phone)
(571) 273-9430 (Fax)
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.