To: | LANXESS Corporation (ipmail@lanxess.com) |
Subject: | TRADEMARK APPLICATION NO. 77327805 - XPLORE - XPLORE Cl. 4 |
Sent: | 2/27/2008 2:58:52 PM |
Sent As: | ECOM108@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/327805
MARK: XPLORE
|
|
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
|
APPLICANT: LANXESS Corporation
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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: 2/27/2008
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
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.
Before the application can proceed to publication, the applicant must respond to the following requirements.
Identification and Classification of Services
The wording “promoting college scholarships” and “providing programs” in the identification of services is indefinite and must be clarified because it is too broad and could include services in other international classes. TMEP §§1402.01 and 1402.03. Applicant may substitute the following wording, if accurate:
International Class 35: promoting public awareness of college scholarships in the field of natural science
International Class 41: Providing natural science educational mentoring services and programs, namely, mentoring primary- and secondary-school teachers regarding inquiry-based natural science; mentoring secondary and college-level students regarding their educational and career opportunities in the field of natural science; and providing educational programs for increasing public awareness of the sciences and the interconnection between the arts and sciences
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.
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.
Additional Filing Fees Needed if Applicant Adopts Additional International Classes
Applicant has submitted the filing fee for one (“1”) International Class. If the applicant adopts the aforementioned amendments to the identification of goods and/or services, then applicant must submit an additional filing fee for each International Class added to the application.
The filing fee for adding classes to an application is as follows:
(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and
(2) $375 per class, when the fees are submitted with a paper response.
37 C.F.R. §§2.6(a)(i) and (ii); TMEP §810.
/Lindsey H. Rubin/
Lindsey H. Rubin
Trademark Examining Attorney
Law Office 108
Phone: (571) 272-4239
Fax: (571) 273-9108
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.