UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

PRIORITY ACTION

 

 

RESPONSE TIME LIMIT:  To avoid abandonment, the Office must receive a proper response to this Office action within six-months of the mailing or e-mailing date.  If applicant responds to the issues below within two months of the above mailing or e-mailing  date, this case will be given priority handling.  TMEP §708.01.

 

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.

 

OFFICE RECORDS SEARCH:  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.

 

QUESTIONS:  Please contact the assigned trademark examining attorney with any questions.

 

 

Serial Number  77/112299

 

The following were discussed in communication with Paul I. J. Fleischut on March 23, 2007.  Applicant must respond to each requirement raised below.

 

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

 

Application Informalities

 

Identification of Goods/Services

 

The identification of goods/services in International Classes 16 and 41 are unacceptable as indefinite because the goods listed were not specific enough and may be classified in several different classes.

 

Applicant may adopt the following identification of goods, if accurate:  TMEP §1402.01.

 

Class 16:  “Printed matter, namely, books in the field of {please specify, e.g., exercise}, albums for {please specify, e.g., photographs, stamps}, directories of {please indicate subject matter}, cards {please specify, e.g., greeting cards}, announcement cards, yearbooks, and invitation cards”;

 

Class 41:  “Publishing services, namely, publication of books, albums, directories and yearbooks; Desktop publishing of cards, announcements, and invitations for others.”

 

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 the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

Failure to Respond

 

If applicant should fail to respond to this Office action within the six month time limit, then the following goods in International Class 16 will be deleted from the application:  “Printed matter, namely, books, albums, directories, cards, announcements and invitations.” 

 

The application will then proceed with following goods in International Class 16 only: “Printed matter, namely, yearbooks.”  37 C.F.R. §2.65(a).

 

If applicant should fail to respond to this Office action within the six month time limit, then the following services in International Class 41 will be deleted from the application:  “Publishing services, namely, publication of cards, announcements and invitations.”

 

The application will then proceed with following services in International Class 41 only: “Publishing services, namely, publication of books, albums, directories and yearbooks”.  37 C.F.R. §2.65(a).

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

/David Collier/

Examining Attorney

Law Office 104

Phone  (571) 272-8859

Fax No (571) 273-8859

 

 

 

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