UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

PRIORITY 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:

 

Status

 

This application has been withdrawn from publication.

 

 

The following issues were discussed in communication with Mr. Ray Thomas, Jr.  on January 21, 2010.

 

 

Identification of Goods/Services Unacceptable

 

The identification of goods/services remains unacceptable as indefinite for the following reasons:

 

 

International Class 9

 

“Electronic publications, namely, newsletters sent via e-mail featuring information in the field of electronic commerce” is in International Class 41 unless the publications are downloadable.  If the publications are downloadable, then they would remain in International Class 9.  Accordingly,  the applicant may say “Downloadable electronic publications, namely, newsletters sent via e-mail featuring information in the field of electronic commerce, in International class 9”; or “Electronic publications, namely, newsletters sent via e-mail featuring information in the field of electronic commerce, in International Class 41.”

 

 

International Class 41

 

“Career consultancy, career-change consultancy, and providing information thereon” is indefinite. The applicant must clarify whether these are “career counseling services” in 41 or “career placement services” in International Class 35.

 

 

International Class 42

 

“Providing information on Internet search engines” is unclear.  If the applicant is providing information about Internet search engines the applicant must further clarify what kind of information is being provided about Internet search engines.   If the applicant is providing information via internet search engines, then the applicant must specify the nature of the information being provided and classify it accordingly.  Information services are classified based on the nature of the information being provided.

 

 

International Class 43

 

“Providing information on places for the weddings and banquets” is unclear because “places” could refer to travel destinations or facilities.  The applicant must clarify what is intended. Providing information about travel destinations would be in International Class 39.  However, “Providing information about facilities for holding weddings and banquets” would be acceptable in International Class 43.  

 

 

International Class 44

 

“Providing information on bath houses” is vague. The applicant must clarify what kind of information is being provided about bath houses and classify it accordingly.  For example, providing information about management techniques for operating bath houses would be in International Class 35, providing information about the efficacy of medical treatments available in bath houses would be in International Class 44, and providing information about the availability of temporary accommodations at bath houses would be in International Class 43.

 

 

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods 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 that are not within the scope of the goods set forth in the present identification.

 

 

ID Manual

 

To the extent the suggested identification of goods or services is incomplete or inaccurate, the applicant is advised that the Trademark Acceptable Identification of Goods and Services Manual is accessible via the USPTO homepage at the following address: http://tess2.gov.uspto.report/netahtml/tidm.html.

 

 

The applicant is advised that the brackets and parentheses shown in the identification manual and/or in the suggested identification are in the nature of directional signals, the significance of which is explained in the introduction to the Identification Manual.  Parentheses and brackets should not be included in the actual identification of goods or recitation of services adopted by the applicant.

 

 

If applicant has questions about its application or this Office action, please contact the assigned trademark examining attorney at the telephone number below.   PLEASE NOTE:  All of the issues raised can be resolved by telephone.  The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

 

 

 

/Kathryn E.  Coward/

Trademark Examining Attorney

United States Patent & Trademark Office

Law Office 115

(571)-272-9468

 

 

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.