Offc Action Outgoing

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:

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(a), 2.65(a); TMEP §§711, 718.03.

PRELIMINARY AMENDMENT(S)

This letter responds to applicant’s communication filed on April 19, 2010. The following matters have been entered in the record: signed declaration for application

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

IDENTIFICATION

Certain terms in the identification are unclear and require clarification because the nature of the services intended is unclear or the services are described so broadly that they may include terms correctly classified in additional classes. Each identification must be specific, all-inclusive and list the common commercial names of the applicant’s goods or services in a fashion that would be easily understood by the purchasing public.

Following, the examiner highlights those unclear terms through suggestions for better terminology (in their appropriate class) below. Unclear or indefinite terms in the identification are listed in italics followed by suggested language and corrected classification, if applicable, listed in bold. The portions of the identification that are acceptable as written are repeated as originally listed in the application.

International Class 39

Applicant applied for the following wording in International Class 39: Airlines services; air transport services; travel agency services; air travel services; travel booking, reservation or information services; passenger transport services; air cargo transport services; vehicle rental services; vehicle parking services; courier services; cargo storage and handling services; aircraft chartering services; transport and delivery of goods; transportation of passengers, baggage and of freight by air and by land; warehousing of baggage and freight; provision of tours and of excursions; advisory, information and consultancy services relating to the aforesaid services

Applicant may change this wording to, if accurate:

Airlines services – Airline transportation services in Class 39

air transport services – acceptable as written in Class 39

travel agency services - Entry is too broad. A travel agency performs services besides making travel arrangements. These other services are in classes other than Class 39, e.g., making hotel reservations, a common travel agency activity, is in Class 43. May amend to: Travel agency services, namely, making reservations and bookings for transportation – in Class 39

air travel services - May amend to: Transportation of goods, passengers and travellers by air – Class 39

travel booking, reservation or information services - Travel agency services, namely, making reservations and bookings for transportation in Class 39 or Travel agency services, namely, making reservations and booking for temporary lodging – in Class 43

passenger transport services; air cargo transport services; vehicle rental services; vehicle parking services; courier services; cargo storage and handling services; aircraft chartering services; transport and delivery of goods; transportation of passengers, baggage and of freight by air and by land; warehousing of baggage and freight – acceptable in Class 39

provision of tours and of excursions – applicant should revise language to clearly identify the services intended. Applicant may change this wording to, if accurate: Organization, booking and arrangement of excursions, day trips and sightseeing tours

advisory, information and consultancy services relating to the aforesaid services – this wording should be revised to clearly indicate the intended services. The type of information will determine correct classification. Applicant may change this wording to, if accurate: Travel information services

International Class 43

Applicant applied for the following wording in International Class 43: Provision of temporary accommodation; rental of temporary accommodation; reservation of hotel accommodation; accommodation booking agency services for holiday apartments; accommodation booking agency services for hotels; accommodation booking agency services for self catering holiday apartments; accommodation booking agency services for time share; arranging temporary accommodation services for tourists; arranging temporary accommodation services for travelers; agency services for booking accommodation for travelers; agency services for booking hotel accommodation; agency services for the reservation of accommodation; arrangement of accommodation for holiday travelers; arrangement of accommodation for tourists; arrangement of accommodation for travelers; cafe services; cafes; catering services for airlines; catering services for airplanes; catering services for airports; charitable services, namely, providing temporary accommodation; hotel accommodation services; providing hotel accommodation information for travelers; hotel reservation for tourists; hotel reservation services; hotel reservations; hotel room booking services; hotel room reservation for travelers; hotel room reservation services; preparation of food and drink; services for arranging accommodation; services for reserving holiday accommodation; services for reserving hotel rooms; services for the booking of accommodation; services for the provision of hotel accommodation; services for the provision of information relating to holiday accommodation; services for the provision of temporary accommodation

Provision of temporary accommodation – acceptable in Class 43

rental of temporary accommodation - Applicant may change this wording to, if accurate: Rental of rooms as temporary living accommodations in Class 43

reservation of hotel accommodation – Making hotel reservations for others – Class 43

For this wording “accommodation booking agency services for holiday apartments; accommodation booking agency services for hotels; accommodation booking agency services for self catering holiday apartments; accommodation booking agency services for time share; arranging temporary accommodation services for tourists; arranging temporary accommodation services for travelers; agency services for booking accommodation for travelers; agency services for booking hotel accommodation; agency services for the reservation of accommodation; arrangement of accommodation for holiday travelers; arrangement of accommodation for tourists; arrangement of accommodation for travelers” – the examining attorney recommends that the applicant generally amend each service related to temporary lodging to clearly indicate the Class 43 service with the following language: Travel agency services, namely, making reservations and booking for temporary lodging, namely, hotels, holiday apartments, time shares, apartments, etc. – in Class 43

Note, the applicant may not amend to “Travel agency” services, generally, because the wording is too broad because such agencies perform services correctly classified in additional classes such as making travel arrangements in Class 39.

cafe services; cafes; catering services for airlines; catering services for airplanes; catering services for airports; charitable services, namely, providing temporary accommodation; hotel accommodation services – acceptable in Class 43

providing hotel accommodation information for travelers – this wording is broad for it may include services in additional classes eg. Providing hotel rate comparison information in Class 35 OR Providing personalized information about hotels and temporary accommodations for travel via the Internet – in Class 43

hotel reservation for tourists; hotel reservation services; hotel reservations; hotel room booking services; hotel room reservation for travelers; hotel room reservation services – acceptable

preparation of food and drink - Providing of food and drink

services for arranging accommodation; services for reserving holiday accommodation;

– applicant must indicate what services are intended. Applicant may change this wording to, if accurate: Arranging temporary housing accommodations; Arranging temporary housing accommodations for holiday travel - in Class 43

services for reserving hotel rooms - Making hotel reservations for others

services for the booking of accommodation – applicant must indicate what services are intended. Applicant may change this wording to, if accurate: Providing travel lodging information services and travel lodging booking agency services for travelers

services for the provision of hotel accommodation - Hotel services – in Class 43

services for the provision of information relating to holiday accommodation; – this wording is broad for it may include services in additional classes eg. Providing hotel rate comparison information in Class 35 OR Providing personalized information about hotels and temporary accommodations for travel via the Internet – in Class 43

services for the provision of temporary accommodation - Providing temporary housing ` accommodations - in Class 43

Note, if applicant accepts any of the suggested identifications, Applicant must amend the application to classify the goods or services in the listed International Class following the suggested identification. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).

Identification Manual

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.

Indefinite Terms

Moreover, each identification must be specific and all-inclusive; therefore, applicant should refrain from using open-ended wording such as “including” or “and the like” and replace this wording with "namely" followed by the respective goods or services listed by their common commercial names. TMEP §§1402.01 and 1402.03(a). The identification must be specific and all-inclusive.

Amending Identification/Broadening Scope

An applicant may amend an identification of goods and services only to clarify or limit the goods and 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 et seq.

MULTIPLE APPLICATION REQUIREMENTS

For an application with more than one international class, called a “multiple-class application,” an applicant must meet all of the requirements below for those international classes based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) LIST GOODS/SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods and/or services by international class; and

(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at http://www.uspto.gov, click on “View Fee Schedule” under the column titled “Trademarks”).

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

PLEASE NOTE:

If applicant has questions about the application or this Office action, please telephone the assigned trademark examining attorney at the telephone number below.

/C. Skye Young/

Trademark Examining Attorney

Law Office 117

Ph: (571) 272-9713

Fx: (571) 273-9117

Em: skye.young@uspto.gov

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.

WHO MUST SIGN THE RESPONSE: It must be personally signed by (1) an individual applicant; (2) someone with legal authority to bind applicant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent applicant.

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 Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, 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/teas/eTEASpageE.htm.