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  77/101945

 

Telephone Response Suggested

PLEASE NOTE:  Applicant’s attorney is encouraged to telephone the trademark examining attorney to resolve the issues raised below.

Recitation of Services

The recitation of services is unacceptable as indefinite because it is unclear what applicant means by “planning and sponsoring training sessions at tradeshows and computer- and hardware-developers' conferences in the electronics field; providing training materials and support services for computer-hardware and -software developers in the electronics field.”  These likely encompass goods and/or services in other fields.  For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

 

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. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.

 

The applicant may amend the recitation as follows, if accurate:

 

            Downloadable electronic publications in the nature of {indicate specific nature of publication} in the field of computer hardware and software developers training in the electronics field in International Class 9; and/or

            Printed publications in the nature of {indicate specific nature of publication} in the field of computer hardware and software developers training in the electronics field in International Class 16; and/or

            Providing training sessions at tradeshows and computer- and hardware-developers' conferences in the electronics field and providing training course materials together therewith; entertainment services, namely, providing computer games online via a global computer network; providing information commentary and articles in the field of computer gaming, all online via a global computer network in International Class 41.

           

TMEP § 1402.11.

Multiple Class Application

Applicant has paid for one class.  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 under Trademark Act Section 1(b) and/or a foreign registration under Trademark Act Section 44(e):

 

(1)   Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order.  TMEP § 1403.01; and

 

(2)   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.

 

The filing fee for adding classes to an application is as follows:

 

(1)     $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and

 

(2)     $375 per class, when the fees are submitted with a paper response. 

 

37 C.F.R. §§2.6(a)(i) and (ii); TMEP §810.

 

THIS REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application:  “planning and sponsoring training sessions at tradeshows and computer- and hardware-developers' conferences in the electronics field; providing training materials and support services for computer-hardware and -software developers in the electronics field.”  The application will then proceed with the following goods and/or services only:  entertainment services, namely, providing computer games online via a global computer network; providing information commentary and articles in the field of computer gaming, all online via a global computer network in International Class 41.  37 C.F.R. §2.65(a).

 

 

 

/M. Catherine Faint/

Trademark Attorney

USPTO  Law Office 103

phone: (571) 272-9274

fax: (571) 273-9103

Catherine.Faint@uspto.gov

 

 

 

 

NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS:  In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant.  Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.gov.uspto.report/external/portal/tow.  The Office action will not be attached to the e-mail notice.  Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address.  TDR is available 24 hours a day, seven days a week, including holidays and weekends.  This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments.

 

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.