UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

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.

 

Serial Number  77/080671

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

No Conflicting Marks Noted

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.

 

Identification of Goods or Services

The identification of the applicant’s goods or services is unacceptable as indefinite because it does not identify the goods or services specifically enough.  Additionally, some of the identifications could be classified in additional international classes.   The applicant paid for only one class.  Note that journals downloadable from the Internet are classified in Class 9.  Printed journals are classified in Class 16.  Journals available on the Internet, but not downloadable are classified in Class 41 as are publication services.  For clarity, the examining attorney has listed the applicant’s goods or services below, indicating, if necessary, a suggestion for a correct identification and classification.  TMEP §1402.  The applicant may adopt the following identifications and classifications, if accurate: 

 

            Downloadable electronic publications in the nature of journals in the field of mathematics and related fields in Class 9.

 

            Printed publications in the nature of journals in the field of mathematics and related fields in Class 16.

 

            Publication of journals in the field of mathematics and related fields; providing online publications in the nature of journals in the field of mathematics and related fields in Class 41.

 

The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and services.

 

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. Section 2.71(a); TMEP section 1402.06.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.

 

Combined Applications

If applicant prosecutes this application as a combined, or multiple-class application, 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):

 

(1)   Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order; and

 

(2)   Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 

 

37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

 

Meaning of the Mark

Applicant must specify whether the wording “HHA” has any significance in the mathematical trade or industry or as applied to the goods described in the application.  37 C.F.R. §2.61(b).

 

The examining attorney may request the applicant to furnish information.  37 C.F.R. §2.61(b).  The examining attorney has an affirmative duty to seek out information necessary for proper examination.  Bart Schwartz International Textiles, Ltd. v. Federal Trade Commission, 289 F.2d 665, 129 USPQ 258 (C.C.P.A. 1961), aff'g 121 USPQ 99 (TTAB 1959).

Contacting the Examining Attorney

The examining attorney can be contacting at the following telephone numbers and fax numbers:

 

Monday -  Friday:             571-272-9171

 

DIRECT FAX (not for formal responses):            571-273-9171

 

EMAIL ADDRESS:                 amy.hella@uspto.gov

 

NOTE TO APPLICANTS:  The examining attorney’s email address should be used for informal questions and comments ONLY.   See below for instructions on how to respond to this Office Action.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

/Amy E. Hella/

Trademark Examining Attorney

Law Office 110

U.S. Patent & Trademark Office

571-272-9171

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.