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: 9/12/2009

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue 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 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.

 

The Identification of Goods is Indefinite

 

The identification of goods is indefinite and must be clarified because it is unclear from the current wording exactly what goods are used in conjunction with the mark.  See TMEP §1402.01.  It is unclear from the word “training” Applicant may adopt the following identification, if accurate:  

 

Computer software for construction and project management, namely, _______ (indicate specific function, e.g. tracking and monitoring information) in the field of ________ (indicate specific field, e.g. construction and project management); computer software for tracking sales leads and contact information, vendor information, contractor and subcontractor information, job scheduling, job status, job records, work orders, contacts, equipment, costs, warranties, and accounting in connection with construction and project management, and training manuals sold in connection therewith in Class 9.  TMEP Section 1402.01.

 

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.

 

If the applicant fails to respond to this issue the application may proceed with the wording in non-italicized print only.

 

If the applicant has any questions or needs assistance in responding to this office action, please telephone the assigned examining attorney.

 

/Jason F. Turner/

Examining Attorney

Law Office 108

(571) 272-9353

(571) 273-9108 (Fax for Official Responses)

 

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.uspto.gov/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.