Offc Action Outgoing

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.

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.

DECLARATION WAS NOT SUBMITTED

The application was not signed and verified, both of which are application requirements. 15 U.S.C. §§1051(b), 1126(d)-(e); 37 C.F.R. §§2.33, 2.34(a)(2)-(4). Therefore, applicant must verify, in a signed affidavit or declaration under 37 C.F.R. §§2.20, 2.33, the statements specified further below. 15 U.S.C. §§1051(b)(3), 1126(d), (e); 37 C.F.R. §2.33(b)(2), (c); TMEP §§804.02, 806.01(b)-(d).

If applicant responds to this Office action online via the Trademark Electronic Application System (TEAS), applicant may satisfy this requirement by answering “yes” to the TEAS response form wizard question relating to submitting a “signed declaration,” and following the instructions within the form for signing. See TMEP §§611.01(c), 804.01(b).

If applicant responds to this Office action on paper, via regular mail, applicant may satisfy this requirement by providing the following statements and declaration at the end of the response, personally signed and dated. See 37 C.F.R. §§2.20, 2.33; TMEP §§611.01(b), 804.01(b).

STATEMENTS: He/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be entitled to use the mark in commerce; that applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the application filing date; that the facts set forth in the application are true and correct; that to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive.

DECLARATION: The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

_____________________________

(Signature)

_____________________________

(Print or Type Name and Position)

_____________________________

(Date)

USE BASED – DATES OF USE WERE NOT SUBMITTED

The application does not include the required dates of first use of the mark. Applicant must provide the following, verified with an affidavit or signed declaration under 37 C.F.R. §§2.20, 2.33: (1) the date of first use of the mark anywhere, and (2) the date of first use of the mark in commerce. 15 U.S.C. §1051(a)(2); 37 C.F.R. §2.34(a)(1)(ii)-(iii); TMEP §903; see 37 C.F.R. §2.71(c). These two dates must be provided even if they are the same. See TMEP §903.03.

SPECIMENS WERE NOT SUBMITTED

The application is incomplete because it does not include the required specimen showing use of the applied-for mark in commerce for the goods and/or services identified in the application. An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each class of goods and/or services. Trademark Act Sections 1(a)(1) and 45, 15 U.S.C. §§1051(a)(1), 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).

Therefore, applicant must submit the following:

(1) A specimen (i.e., an example of how applicant actually uses its mark in commerce) for each class of goods and/or services based on use in commerce; and

(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §§2.20, 2.33: “The specimen was in use in commerce at least as early as the filing date of the application.” 37 C.F.R. §2.59(a); TMEP §904.05. If submitting a specimen requires an amendment to the dates of use, applicant must also verify the amended dates. 37 C.F.R. §2.71(c); TMEP §904.05.

Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq.

If applicant cannot satisfy the above requirements, applicant may amend the application from a use in commerce basis under Section 1(a) to an intent to use basis under Section 1(b), for which no specimen is required. See TMEP §806.03(c). However, if applicant amends the basis to Section 1(b), registration will not be granted until applicant later amends the application back to use in commerce by filing an acceptable allegation of use with a proper specimen. See 15 U.S.C. §1051(c), (d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.

To amend to Section 1(b), applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §§2.20, 2.33: “Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the filing date of the application.” 37 C.F.R. §2.34(a)(2); TMEP §806.01(b); see 15 U.S.C. §1051(b); 37 C.F.R. §2.35(b)(1).

Pending receipt of a proper response, registration is refused because applicant has not provided evidence of the applied-for mark in use in commerce as a trademark and/or service mark. Trademark Act Sections 1(a)(1) and 45, 15 U.S.C. §§1051(a)(1), 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).

IDENTIFICATION OF GOODS AND SERVICES IS INDEFINITE

The wording in 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.

International Class 9:

“Scientific apparatus, recorded material, downloadable audio and video material” are goods that were too broadly defined. The applicant should specifically identify what these goods comprise.

International Class 12:

“Aerodynamic vehicles” is too indefinite and the applicant should be more specific. It should read as e.g. “Aerodynamic land vehicles.”

International Class 16:

“Books” is too broad and the applicant should indicate what they are featuring.

“Teaching materials” is too broad and the applicant should indicate that they are printed in order to keep them in this class and should indicate the field of the materials. It should read as e.g. Printed teaching materials in the field of … (indicate).”

“Publications” is too broad and the applicant should indicate what they comprise and should indicate the field of the materials. It should read as e.g. “Publications, namely, (e.g. books) in the field of … (indicate).”

International Class 25:

The wording “clothing” in the identification of goods must be clarified because it is too broad and could include goods in several international classes. See TMEP §§1402.01, 1402.03. Examples of acceptable identifications include the following: “protective clothing” in International Class 9, “surgical gowns” in International Class 10, “pet clothing” in International Class 18, and “shirts, shorts and pants” in International Class 25. Therefore, applicant must amend the identification to specify the type of clothing.

If applicant’s clothing is classified in International Class 25, applicant should insert the word “namely,” after “clothing” and indicate the common commercial or generic names for the goods (e.g., shirts, pants, coats, dresses).

International Class 28:

“Figurines” is too indefinite and these goods are classified according to the material composition of the goods. It should read as e.g. “pewter figurines, in International Class 6” or as “clay figurines, in International Class 19”, et al.

International Class 37:

“Designing” is too indefinite and it should be amended to read as follows, if accurate: “Custom design of aeronautical equipment and related devices, in International Class 42.”

International Class 38:

“Telecommunications” is too broad. It should be amended to indicate the actual services. It should read as e.g. “Telecommunication services, namely, … (indicate).”

“Subscriptions to electronic news releases, podcasts, blogs” should be amended to indicate that the applicant is arranging such services and should be listed in International Class 35. It should read as e.g. “Arranging subscriptions to electronic news releases, podcasts, blogs, in International Class 35.”

International Class 39:

“Exhibit aircraft with logs” appear to belong in International Class 41. They should be amended to read as follows, if accurate: “Museum services, namely, exhibit aircraft with logs, in International Class 41.”

“Aeronautical and space shuttle services” is too broad and it should be amended to read with greater specificity. It should read as e.g. “Aeronautical and space shuttle navigation services.”

“Flights for scientific missions” is too indefinite and the applicant should provide further clarification pertaining to the services in question.

International Class 41:

“Education” is too broad and the applicant should specifically identify the services and the field covered by such services.

“Online publications is too indefinite and the applicant should be more specific. It should read as e.g. “Providing online publications in the nature of a (e.g. e-book), in the field of (indicate).

”Providing a website, news and information” is too broad and the applicant should be more specific. Please note, that the website and the information services will be listed according to the content e.g. “travel related information” belongs in International Class 39.

“Providing computer games that may be accessed network-wide by network users” is too broad and the applicant should be more specific. It should read as e.g. “Entertainment services, namely, providing online computer games that may be accessed network-wide by network users.”

International Class 42:

“Scientific services” is too broad and the applicant should be more specific. It should read as e.g. “Scientific research services.” Another reference to these services was made in the identification listed in Cl. 42. Please note that the applicant can only list each good/service once and the second reference to the same services should be deleted.

“Including” is too indefinite and should be replaced by more specific language such as “namely.”

“Testing” is too broad. It should read as e.g. “Product testing.”

“Coordination missions” is too indefinite and the applicant should provide further clarification with respect to the exact nature of these services. The following is suggested, if accurate: Coordinating mission travel arrangements for individuals, in International Class 39.”

“Providing a website featuring scientific information” is too indefinite and the applicant should be more specific. It should read as e.g. “Providing a website featuring scientific information in the field of (namely), indicate.”

International Class 44:

“Medical checkups” is too broad and it should be amended to read as e.g. “Medical services, namely, providing medical checkups.”

“Workups” is too broad and the applicant should be more specific.

“Evaluations” is too broad. The following is suggested, if accurate: “Medical evaluations services, namely, fitness evaluations, in International Class 44.”

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.

MAY NOT EXPAND THE IDENTIFICATION

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.

ADDITIONAL MONEY IS NEEDED

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the requirements below for those goods and/or services based on actual use in commerce under Trademark Act Section 1(a):

(1) Applicant must list the goods/services by international class;

(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov); and

(3) For each additional international class of goods and/or services, applicant must submit:

(a) Dates of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial application apply to that class. The dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application.;

(b) One specimen showing the mark in use in commerce for each class of goods and/or services. The specimen must have been in use in commerce at least as early as the filing date of the application. If a single specimen supports multiple classes, applicant should indicate which classes the specimen supports rather than providing multiple copies of the same specimen. Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §§904.03 et seq. Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services. TMEP §§1301.04 et seq.;

(c) The following statement: “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.”; and

(d) Verification of the statements in 3(a) and 3(c) (above) in an affidavit or a signed declaration under 37 C.F.R. §§2.20, 2.33. Verification is not required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, and (2) the original specimens are acceptable for the added class(es).

See 15 U.S.C. §§1051(a), 1112, 1127; 37 C.F.R. §§2.32(a)(5), 2.34(a)(1), 2.56(a), 2.71(c), 2.86(a); TMEP §§1403.01, 1403.02(c).

Applicant must submit additional specimens if other classes are added to the application.

The filing fee for adding classes to an application is as follows:

(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; or

(2) $375 per class, when the fees are submitted with a paper response.

37 C.F.R. §2.6(a)(1)(i)-(a)(1)(ii); TMEP §§810, 1403.02(c).

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

F BLANDU

/f blandu/

l.o.117

tel 571 272-9128

fax 571 273-9128

e-mail (for informal communications only) florentina.blandu@uspto.gov

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.