To: | Falcoff Learning, L.L.C. (docketingtm@hdp.com) |
Subject: | TRADEMARK APPLICATION NO. 78147128 - DIRECTIONS - 8463-200001 |
Sent: | 2/21/03 3:32:53 PM |
Sent As: | ECom110 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/147128
APPLICANT: Falcoff Learning, L.L.C.
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CORRESPONDENT ADDRESS: Monte L. Falcoff Harness, Dickey & Pierce, P.L.C. P.O. Box 828 Bloomfield Hills MI 48303
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom110@uspto.gov
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MARK: DIRECTIONS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 8463-200001
CORRESPONDENT EMAIL ADDRESS: docketingtm@hdp.com |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 78/147128
The assigned examining attorney has reviewed the referenced application and determined the following.
In the preamble of the application, the applicant identifies itself as Falcoff Learning, LLC. This designation is not acceptable because the applicant then identifies itself as a corporation. The applicant must submit an amendment indicating the specific type of entity applying, for example, limited liability company, a limited liability corporation, an unincorporated association, a partnership or a joint venture. TMEP §803.03.
RECITATION OF SERVICES UNACCEPTABLE
The current recitation of services is unacceptable because the term “educational services, namely, teaching and providing day care at the preschool level” is indefinite. The applicant must indicate the specific nature of the services. The applicant may amend the recitation, if accurate to:
1. Educational services, namely, conducting [indicate specific mode of instruction, e.g., classes, seminars, conferences, workshops] at the preschool level. (Class 41)
2. Day care centers. (Class 43)
TMEP §1402.11.
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. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.
For your assistance and convenience, the “Acceptable Identifications of Goods and Services Manual” may be searched at the Office’s global network computer website address of http://www.gov.uspto.report/web/menu/tm.html.
If the applicant prosecutes this application as a combined, or multiple‑class, application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:
(1) The applicant must specifically identify the services in each class and list the 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(b); 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.
(3) The applicant must submit:
(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a). The dates of use must be at least as early as the filing date of this application, 37 C.F.R. §§2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or
(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods or services in the original application.
(4) The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above. 37 C.F.R. §§2.59(a) and 2.71(c).
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.
FEE INCREASE ADVISORY
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
/Caroline E. Wood/
Trademark Examining Attorney
Law Office 110
Formal responses only: ecom110@uspto.gov
(703) 308-9110 x197
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.