To: | Carlson Travel Group, Inc. (pwelter@merchant-gould.com) |
Subject: | TRADEMARK APPLICATION NO. 78269150 - SEAMASTERS - 8597.135US01 |
Sent: | 1/6/04 8:59:23 AM |
Sent As: | ECom112 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/269150
APPLICANT: Carlson Travel Group, Inc.
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CORRESPONDENT ADDRESS: Paul A. Welter Merchant & Gould P.C. P.O.Box 2910 Minneapolis, MN 55402-0910
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: SEAMASTERS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 8597.135US01
CORRESPONDENT EMAIL ADDRESS: pwelter@merchant-gould.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 78/269150
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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. §1052(d). TMEP §704.02.
Identification of Services
The wording “travel agency services” in the recitation of services is unacceptable as indefinite because it is too broad and could include services that are classified in more than one international class. The applicant must amend this wording to clarify the type of travel agency services that are being provided. TMEP §1402.11. For example, travel agency services are properly identified and classified as follows:
Class 39: travel agency services, namely, making reservations and bookings for transportation.
Class 42: travel agency services, namely, making reservations and bookings for temporary lodging.
The remainder of the identification is acceptable as written in Class 39.
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.
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.
Drawing
The drawing is not acceptable because it will not reproduce satisfactorily. The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. §2.52. TMEP §807.07(a).
To submit a special form drawing electronically, the applicant must attach a digitized image of the mark to the submission. The Office will only accept an image in .jpg format. The image must be formatted at no less than 300 dots per inch and no more than 350 dots per inch; and with a length and width of no less than 250 pixels and no more than 944 pixels. All lines in the image must be clean, sharp and solid, and not fine or crowded, and produce a high quality image when copied. 37 C.F.R. §2.53.
/Patty Evanko/
Trademark Examining Attorney
Law Office 112
(703)308-9112, ext. 163
patty.evanko@uspto.gov (questions only)
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.