To: | IAC/InterActiveCorp (trademarks@morganlewis.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77558461 - GREEN - 046786.0016 |
Sent: | 6/30/2009 2:00:10 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/558461
MARK: GREEN
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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: IAC/InterActiveCorp
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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: 6/30/2009
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on June 8, 2009.
The applicant has overcome all of the likelihood of confusion refusals with the amended identification of goods. The prior pending applications are no longer cited.
Identification of Goods
The applicant may adopt the following identification, if accurate:
Class 9: Interactive video game and computer game programs; pre-recorded CDs and DVDs featuring music, spoken commentary in the field of children’s stories, animation, children’s educational content, and information in the field of general interest for children and youth, excluding content related to religious topics; backpacks and bags especially adapted for holding laptops and notebook computers;
Class 16: Class 16: Notebooks, sticker and photo albums; blank and lined writing journals, school supplies namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighting markers, folders, notebooks, paper [specify type, i.e., copy paper, bond paper, etc.], writing grips, book marks, greeting and correspondence cards, note cards, business cards and paper name cards, and wrapping paper; children's books, comic books, posters and daily planners; toy and game cardboard and paper packaging, posters and art prints; iron-on decals; temporary tattoos.
Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the scope of the goods and/or 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 goods and/or services that are not within the scope of the goods and/or 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.
Final Action
If applicant does not respond within six months of the date of issuance of this final Office action, the following goods to which the final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment: paper, name cards and the language “spoken commentary” and “educational content” will be deleted.
The application will then proceed for the remaining goods. 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).
/Laurie Mayes/
Trademark Examining Attorney
Law Office 101
571-272-5874
FAX 571-273-9101
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.