To: | Mary Jo Schuler (docket@mbgormanlaw.com) |
Subject: | TRADEMARK APPLICATION NO. 77102554 - FINAL FINISH - 10622 |
Sent: | 6/4/2007 2:47:48 PM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/102554
APPLICANT: Mary Jo Schuler
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: FINAL FINISH
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CORRESPONDENT’S REFERENCE/DOCKET NO: 10622
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.
Serial Number 77/102554
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
Search Results
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.
The goods include computer software. However, the wording that describes some of the software is indefinite and must be clarified to indicate the purpose or function of the software. Specifically, applicant must identify the function of the “computer software for use in the field of accounting” and the “computer software for use by high wealth individuals and families in managing their estate, namely personal and real property, financial accounts, calendar, documents, and communications,” TMEP §1402.03(d). Applicant has identified the field of use of the software, but has not properly identified the function of the software. Clarification of the purpose, function or field of use is necessary to permit proper examination of the application and to enable the Office to make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000).
Further, the quotation marks around the wording “how to” should be removed. Applicant may incorporate the wording into the identification without the quotation marks.
Applicant may adopt the following identification of goods, if accurate:
“Electronic publications, namely, manuals featuring quick reference how to information on a wide variety of subjects, namely, home maintenance, repair and improvement, financial management, charitable foundation start up procedures, and pet care; electronic publications, namely, home manuals and forms for accounting, business, and bookkeeping purposes; computer accounting software; computer software for [specify the function of the software, e.g., database management, accounting, etc.] for use by high wealth individuals and families in managing their estate, namely personal and real property, financial accounts, calendar, documents, and communications; computer programs for database management; computer programs for personal and real estate property information management; computer programs for contact information database management; computer software to enable private and secure real time electronic communication over a computer network,” in International Class 9.
Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
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.
In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.
If the applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned examining attorney.
/Matt Einstein/
Matt Einstein
Trademark Examining Attorney
Law Office 115
phone: (571) 272-8251
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:
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.