To: | Expedia, Inc. (tmboston@klgates.com) |
Subject: | TRADEMARK APPLICATION NO. 77269178 - POINT - EXP/W-624 |
Sent: | 6/4/2008 9:32:26 AM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/269178
MARK: POINT
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CORRESPONDENT ADDRESS: KIRKPATRICK & LOCKHART PRESTON GATES ELL |
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: Expedia, 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: 6/4/2008
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on April 25, 2008. The following issues have been resolved: 1) the requirement for a disclaimer of the word “point” is withdrawn; and 2) applicant submitted a signed declaration as required.
Telephone Response Suggested
Identification of Services – Class 035 ONLY - FINAL
This requirement applies to Class 035 only.
Applicant amended the identification of services. However, part of the identification in Class 035 remains indefinite. The wording “Travel agency services, namely, making reservations and bookings for transportation and providing information and” appears to be an incomplete sentence. Furthermore, this service would be (and is already) correctly classified in Class 039. Therefore, applicant should delete this wording from the Class 035 identification. In addition, applicant continues to use the term “and/or” in “customer loyalty services and customer club services, for commercial, promotional and/or advertising purposes”. The term “or” suggests that applicant provides one type of service, or another, but not both. Applicant may simply substitute the term “and” for “and/or” to clarify the identification.
Applicant may substitute the following wording, if accurate:
Class 035: Providing accommodation information, namely ratings of accommodations; customer loyalty services and customer club services, for commercial, promotional and advertising purposes; conducting customer loyalty and incentive programs for commercial promotion and for advertising purposes; business consulting and business management services in the field of travel, travel planning and the operation of travel-related businesses
Guidelines for Amending the Identification of Services
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. See TMEP §1402.04.
This requirement is FINAL.
Proper Response to FINAL Action
Applicant may respond to this final Office action by:
(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or
(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.
37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.
In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b), TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/Kathleen Lorenzo/
Trademark Examining Attorney
Law Office 109
Tel: (571) 272-5883
Fax: (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 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.