To: | Huntsworth plc (jkatz@dglaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77961992 - NITROGEN - 22694 |
Sent: | 8/2/2013 9:09:35 AM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 77961992
MARK: NITROGEN
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Huntsworth plc
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 8/2/2013
This is a supplemental Non Final Office Action in response to an Official Gazette Query conducted by the Commissioner’s Office to notify the Applicant of an additional requirement that must be satisfied in order for this application to proceed to publication.
Identification of Services – International Class 035
The wording “promotional services” in the identification of services is overly broad and must be clarified because it could include a variety of promotional activities. For example, "promotional services" could refer to “association services, namely, the activity of promoting the interests of a particular group,” or the activity of promoting public awareness of a particular topic. Therefore, because the term is too broad, the phrase "promotional services" must either be used with the advertising services or have wording that clarifies the nature of the promotional activity. See TMEP §1402.01.
Applicant may substitute the following wording, if accurate.
Arranging and conducting business conferences in the field of healthcare; brand concept and brand development services for others; advertising copywriting; advertising services; information distribution services, namely, dissemination of advertising matter; marketing services; public relation services; market research and business analysis services; advisory services relating to market research; analysis of market research data and statistics; conducting of market research and marketing studies; market analysis and strategic marketing services; preparation of custom advertisements for others; preparing business reports; advertising and promotional services; business management services; business advice relating to marketing; business administration; management consultancy services; consultancy services relating to business operations; business management advisory and consultancy services; consulting in sales techniques and sales programs; services relating to the creation and brand establishment of trademarks, trade names and domain names; business evaluation of advertising and marketing in the field of healthcare; benchmarking services, namely, formulation of best practices for advertising and marketing in the field of healthcare; consultancy services relating to brand development; corporate event management services; design of marketing material, namely, brochures, pamphlets, advertisements and advertising presentations; design of printed matter for use in marketing; providing information and advisory services relating to all the aforesaid services
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.
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.
/allison holtz/
Allison Holtz
Trademark Examining Attorney
571.272.9383
allison.holtz@uspto.gov
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TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.