UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

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  The following issues have been resolved:  1) the requirement for a disclaimer of the word “point” is withdrawn; and 2) applicant submitted a signed declaration as required.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

 

Applicant is encouraged to telephone the assigned trademark examining attorney to resolve the remaining issue in this Office action.

 

 

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

 

Although identifications of services may be amended to clarify or limit the services, adding to or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  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.

 

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

 

If applicant does not respond within six months of the mailing date of this final Office action, the following class to which the final requirement applies will be deleted from the application by Examiner’s Amendment:  Class 035.  The application will then proceed forward for the remaining classes.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

 

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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 6/4/2008 FOR

APPLICATION SERIAL NO. 77269178

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77269178&doc_type=OOA&mail_date=20080604 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 6/4/2008.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.