Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/145980

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

SEARCH OF THE RECORDS

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 1105.01.

 

SIGNIFICANCE OF WORDING

The applicant must indicate whether the wording "DOX" has any significance in the relevant trade or industry or as applied to the services.  37 C.F.R. Section 2.61(b).

 

RECITATION OF SERVICES

The recitation of services is unacceptable because the precise nature of the services is not clear from the present wording. 

 

The applicant may wish to consult the on-line identification manual on the PTO homepage for a searchable database of acceptable identifications for goods and services.  The manual is available at:  http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. Section 2.71(a); TMEP section 804.09.  Therefore, the applicant may not amend to include any services that are not within the scope of services set forth in the present identification.

 

The applicant may adopt the following recitation, if accurate: 

 

International Class 41:  Entertainment services, namely, cable and satellite television and global computer network programming on factual and fictitious events; Audio and/or video production and recording, record production, and motion picture film production; Providing facilities for research and instruction in the fields of art and science; Providing classes, courses, seminars, workshops, conferences and lectures in the field of entertainment; Production and distribution of audio and audiovisual programming, multimedia interactive programming; On-line electronic interactive databases of [The wording “entertainment and programming information” is too broad.  IDENTIFY the types of information using common commercial names, e.g. entertainment information, namely, cable television broadcasting information]; sports information and [The word “entertainment information” is too broad.  IDENTIFY the types of entertainment information using common commercial names, e.g. entertainment information, namely, automobile racing information] provided by electronic means; Motion pictures, films and video tape recording; Motion picture studio services; Cable television programming; Production and distribution of radio programming; Community services related to education and entertainment, namely, organizing community festivals featuring a variety of activities, namely, [IDENTIFY the types of “exhibitions” using common commercial names, e.g. art exhibitions], concerts, cinema, and performing arts events; Conducting classes, seminars, workshops, lectures and educational community outreach programs, and [The wording “providing assistance” is indefinite.  IDENTIFY the services provided using common commercial names.] to community groups, all relating to entertainment; publication of magazines and newsletters relating to entertainment services; and providing facilities for [IDENTIFY the types of “exhibitions” using common commercial names, e.g. art exhibitions.  NOTE:  The classification depends on the nature of the exhibitions, e.g. providing facilities for trade exhibitions would be in Class 35.], concerts, cinema and performing arts events; [The wording “promoting exhibitions, trade shows, and conventions in the fields of entertainment, music, art, science, technology and telecommunications, film and television, namely, concerts, sporting events, museum exhibits, art gallery openings, cinema, film festivals, and performing arts events” is not acceptable.  The applicant must identify the promoting services provided using common commercial names, e.g. promoting the concerts of others, promoting sports competitions and/or events of others, promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with the antique car trade show.  Also, the wording “film and television, namely, concerts, sporting events . . .” is not clear.  Clarify what that means.  Perhaps the applicant should list its promoting services separately by a semi-colon for clarity.]

 

TMEP section 1301.05.

 

MULTIPLE-CLASS PROSECUTION

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

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

 

 

 

//tmg//

Tonja M. Gaskins

Trademark Examining Attorney

Law Office 112

(703) 308-9112, ext. 198

ecom112@uspto.gov

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.