| To: | IHome Inc. (pclark@hometree.us) |
| Subject: | TRADEMARK APPLICATION NO. 77191627 - IHOME - N/A |
| Sent: | 9/15/2007 7:22:01 PM |
| Sent As: | ECOM109@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/191627
MARK: IHOME
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: IHome Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 9/15/2007
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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. §1052(d). TMEP §704.02.
Recitation of Services
Applicant has submitted the following recitation of services:
IC 036: Appraisal of real estate; Appraisals for insurance claims of real estate; Assessment and management of real estate; Estate planning; Estate trust management; Evaluation of real property; Financial investment in the field of Real Estate; Financial services, namely estate settlement services; Financial valuation of personal property and real estate; Housing services, namely, real property acquisition and consumer financing to facilitate home ownership; Land acquisition, namely, real estate brokerage; Leasing of real estate; Leasing of real property; Providing information in the field of real estate by means of linking the web site to other web sites featuring real estate information; Providing information in the field of real estate via the Internet; Providing online information in the field charitable monetary giving through financial and estate planning; Providing real estate listings and real estate information via the Internet; Real estate acquisition services; Real estate agencies; Real estate appraisal; Real estate brokerage; Real estate consultancy; Real estate consultation; Real estate equity sharing, namely, managing and arranging for co-ownership of real estate; Real estate escrow services; Real estate investment; Real estate investment services in the nature of purchasing and selling of real estate for others; Real estate lending services; Real estate listing; Real estate management; Real estate management consultation; Real estate multiple listing services; Real estate procurement for others; Real estate services, namely, rental of vacation homes, condominiums, cabins, and villas using pay per click advertising on a global computer network; Real estate syndication; Real estate time-sharing; Real estate trustee services; Real estate valuation services; Real estate valuations; Vacation real estate time share exchange services; Vacation real estate timeshare services; Cash flow services, namely, providing cash to mortgage holders or other notes at a discounted rate in return for ownership of the mortgage or note; Financial services, namely, mortgage planning; Financial services, namely, the purchase of residential mortgages on behalf of others and the issuance of mortgage-backed securities; Maintaining mortgage escrow accounts; Mortgage banking; Mortgage banking services, namely, origination, acquisition, servicing, securitization and brokerage of mortgage loans; Mortgage brokerage; Mortgage lending; Mortgage procurement for others; Mortgage services, namely, buyer pre-qualification of mortgages for mortgage brokers and banks; Mortgaging of securities for others; Accident insurance underwriting; Appraisals for insurance claims of personal property; Brokerage in the field of Real Estate, Mortgage, Insurance; Claims adjustment in the field of insurance; Debt cancellation services using proceeds of life, disability and unemployment insurance; Dental health insurance administration; Dental health insurance underwriting and administration; Electronic processing of insurance claims and payment data; Financial evaluation for insurance purposes; Financial services, namely, issuance and management of certificates backed by loan portfolios which are subsequently managed to insure the integrity of the certificates; Fire insurance underwriting; Insurance administration; Insurance administration in the field of Auto, Home, Life, Others; Insurance agencies; Insurance agencies in the field of Auto, Home, Life, Others; Insurance agency and brokerage; Insurance brokerage; Insurance brokerage in the field of Auto, Home, Life, Others; Insurance carrier services; Insurance claims administration; Insurance claims processing; Insurance consultation; Insurance premium rate computing; Insurance services, namely, underwriting extended warranty contracts in the field of Auto, Home, Marine, Others; Insurance services, namely, underwriting, issuing and administration of life insurance; Insurance services, namely, writing property and casualty insurance; Insurance subrogation; Insurance subrogation and salvage; Insurance underwriting consultation; Insurance underwriting in the field of Auto, Home, Life, Others; Insurance underwriting services for all types of insurance; Life insurance brokerage; Life insurance underwriting; Marine insurance underwriting; Medical insurance underwriting; Providing a database for tracking, monitoring, and generating reports on information and statistics about patient reimbursement and insurance coverage for pharmaceuticals and medical devices; Providing information in insurance matters; Underwriting insurance for pre-paid health care; Underwriting insurance for pre-paid legal services.
The term “Others” in the clauses “Insurance administration in the field of Auto, Home, Life, Others” “Insurance agencies in the field of Auto, Home, Life, Others”; Insurance brokerage in the field of Auto, Home, Life, Others”; “Insurance services, namely, underwriting extended warranty contracts in the field of Auto, Home, Marine, Others” and “Insurance underwriting in the field of Auto, Home, Life, Others” identification of services is indefinite and must be clarified because it is not a specific field of use. TMEP §1402.01. Applicant may deleted the term “others” from these clauses or specify the particular field.
For assistance with identifying 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 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.
Specimen
The application is incomplete because it does not include the required specimen showing use of the applied-for mark in commerce for the goods and/or services identified in the application. An application based on Section 1(a) of the Trademark Act must include a specimen showing the applied-for mark in use in commerce for each class of goods and/or services. Trademark Act Sections 1(a) and 45, 15 U.S.C. §§1051(a) and 1127; 37 C.F.R. §§2.34(a)(1)(iv) and 2.56; TMEP §904.
Therefore, applicant must submit the following:
(1) A specimen (i.e., an example of how applicant actually uses its mark in commerce) for each class of goods and/or services based on use in commerce.
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The specimen was in use in commerce at least as early as the filing date of the application.” 37 C.F.R. §2.56(a); TMEP §904.09. If submitting a specimen requires an amendment to the dates of use, applicant must also verify the amended dates. 37 C.F.R. §2.71(c).
Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §§904.04 et seq. Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services. TMEP §§1301.04 et seq.
If applicant cannot satisfy the above requirements, applicant may amend the Section 1(a) filing basis (use in commerce) to Section 1(b) (intent to use basis), for which no specimen is required. However, should applicant amend the basis to Section 1(b), registration cannot be granted until applicant later amends the application back to use in commerce by filing an acceptable allegation of use with a proper specimen. 15 U.S.C. §1051(c); 37 C.F.R. §§2.76, 2.88; TMEP Chapter 1100. In the alternative, applicant may cancel the Section 1(a) basis and rely solely on the already asserted Section 44(e) basis, for which a specimen would not be required. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3).
In order to amend the Section 1(a) basis to either Section 1(b) or Section 44(e) of the Trademark Act, applicant need only provide a written request to do so. TMEP §§806.02(g) and 806.03(g).
Pending a proper response, registration is refused for those goods and/or services based on Section 1(a), because applicant has not provided evidence of use in commerce of the applied-for mark. 15 U.S.C. §§1051(a) and 1127; 37 C.F.R. §§2.34(a)(1)(iv) and 2.56.
Applicant may wish to hire a specialist attorney to assist in prosecuting this application because of the technicalities involved. The Office cannot aid in the selection of a trademark attorney. 37 C.F.R. §2.11. Applicant may wish to consult the Yellow Pages for a listing of attorneys specializing in trademark or intellectual property law, or seek guidance from its local Bar Association attorney-referral service.
/Monique C. Miller/
Trademark Attorney
Law Office 109
(571) 272-9347 (phone)
fax number for Law Office 109:
(571) 273-9109
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.