| To: | NEOPETS, INC. (trademarks@mtvn.com) |
| Subject: | TRADEMARK APPLICATION NO. 77438974 - CITIZEN MONKEY - N/A |
| Sent: | 7/16/2008 11:27:22 AM |
| Sent As: | ECOM106@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/438974
MARK: CITIZEN MONKEY
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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: NEOPETS, 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: 7/16/2008
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
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.
Information Requirement:
Applicant must specify what significance “CITIZEN MONKEY” has in the field or trade or industry, any geographical significance, or any meaning in a foreign language. 37 C.F.R. §2.61(b).
Recitation of Goods/Services:
The applicant has is misclassified some of the wording. Also some of the wording as described is indefinite. Applicant may adopt the following identification, if accurate:
ENTERTAINMENT SERVICES, on-line http://atlas/netacgi/nph-brs?sect2=THESOFF§3=PLURON&s1=social%24+net%24&l=MAX§1=IDMLICON§4=HITOFF&op1=AND&d=TIDM&p=1&u=%2Fnetahtml%2Ftidm.html&r=0&f=S - h8#h8http://atlas/netacgi/nph-brs?sect2=THESOFF§3=PLURON&s1=social%24+net%24&l=MAX§1=IDMLICON§4=HITOFF&op1=AND&d=TIDM&p=1&u=%2Fnetahtml%2Ftidm.html&r=0&f=S - h10#h10social networking services in class 45.
Entertainment services, namely, providing an on-line http://atlas/netacgi/nph-brs?sect2=THESOFF§3=PLURON&s1=comp%24+game%24&l=MAX§1=IDMLICON§4=HITOFF&op1=AND&d=TIDM&p=1&u=%2Fnetahtml%2Ftidm.html&r=0&f=S - h63#h63http://atlas/netacgi/nph-brs?sect2=THESOFF§3=PLURON&s1=comp%24+game%24&l=MAX§1=IDMLICON§4=HITOFF&op1=AND&d=TIDM&p=1&u=%2Fnetahtml%2Ftidm.html&r=0&f=S - h65#h65computer game in class 41.
Recitation and Identification Amendment Advisory:
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.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and;
Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
Questions:
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.
/Lourdes D. Ayala/
Examining Attorney
Law Office 106
(571) 272- 9316
Fax: (571) 273-9106
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; 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.