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: 3/26/2009

 

 

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 OF OFFICE’S DATABASE OF MARKS

 

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

 

Identification and Classification of Goods and Services

 

The identification of goods and services is indefinite and must be clarified because it is too broad and could include goods and services in other international classes.  See TMEP §§1402.01, 1402.03.  Applicant may substitute the following wording, if accurate: 

 

IC 009:  instructional videos and DVDs in the field of self improvement for students, directed to teaching students to be more organized, effective and efficient and teaching educators and parents to help students be more organized, effective and efficient; videos and DVDs in the field of self improvement for educators and parents, directed to teaching educators and parents to be more organized, effective and efficient; [the use of the wording “online downloadable” side-by-side is confusing. If the publications are downloadable and a then they are classified in IC 9. If they are provided on-line and are non-downloadable then they are classified in IC 41. Clarification is required] publications featuring lesson plans, research documents, newsletters, all directed to teaching educators and parents to help students be more organized, effective and efficient; [the use of the wording “online downloadable” side-by-side is confusing. If the publications are downloadable and a then they are classified in IC 9. If they are provided on-line and are non-downloadable then they are classified in IC 41. Clarification is required] student, teacher and parent planners

 

IC 016:  printed materials, namely, teacher daily planners, posters, wall charts, [applicant must specify the material content of the banners to a material content properly classified in IC 16 (e.g. paper banners, plastic banners), or specify a material content not classified in IC 16 and re-classify the banners (e.g. cloth banners in IC 24, textile banners in IC 24] banners, wall calendars, [the wording “family planners” is indefinite. Applicant may amend to “family daily planners” “family day planners” “family desktop planners” and/or “family time planners” if accurate.]

 

IC 035.  Informational services, namely online courses in the field of self improvement for students, directed to teaching students to be more organized, effective and efficient and teaching educators and parents to help students be more organized, effective and efficient [It is unclear why applicant has classified these services in IC 35. Informational services are classified in the class of the underlying information. Here the underlying information appears to in the field of education. If these services are educational courses, they applicant should insert the term “educational” before the term “courses” and re-classify the services in IC 41.]

 

IC 041  educational services, namely, providing online courses in the field of self improvement for students, directed toward teaching students to be more organized, effective and efficient AND DISTRIBUTING COURSE MATERIAL IN CONNECTION THEREWITH; PROVIDING online non-downloadable PUBLICATIONS IN THE NATURE OF PLANNERS IN THE FIELD OF EDUCATION for students, teachers and parents

 

 

 

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.

 

Identifications of goods and/or services can be amended only 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.

 

Applicants may request that an identification be added to the "US Acceptable Identification of Goods and Services Manual" by sending an email to the Administrator of Trademark Identification, Classification and Practice, at: TMIDSUGGEST@uspto.gov

 

General Information and Status of Applications

 

Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark/service mark applications and registrations.  To access the TARR database, applicant will need to provide an application serial number or registration number.  The TARR database is available 24 hours a day, 7 days a week. If additional information regarding the status of an application or registration is required, callers may telephone the Trademark Assistance Center at 571-272-9250 and request a status check.

 

“TMEP” refers to the Office’s Trademark Manual of Examining Procedure (5th ed. 2007), available on the United States Patent and Trademark Office website at www.gov.uspto.report/main/trademarks.htm.  The TMEP is a detailed administrative manual written by the Office to explain the laws and procedures that govern the trademark/service mark application, registration and post registration processes. The following legal authorities govern the processing of trademark and service mark applications by the Office:  The Trademark Act of 1946, 15 U.S.C. §§1051 et seq.; The Trademark Rules of Practice, 37 C.F.R. Part 2; and the Office’s Trademark Manual of Examining Procedure (TMEP) (5th ed. 2007).  These legal resources are available online at http://www.gov.uspto.report/main/trademarks.htm.

 

 

 

/Monique C. Miller/

Trademark Attorney

Law Office 109

(571) 272-9347 (phone)

fax number for Law Office 109:

(571) 273-9109

 

 

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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 3/26/2009 FOR

APPLICATION SERIAL NO. 77648035

 

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=77648035&doc_type=OOA&mail_date=20090326 (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 3/26/2009.

 

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.