To: | Manpower Inc. (CHIUSTM@LADAS.NET) |
Subject: | TRADEMARK APPLICATION NO. 78279693 - MANPOWER - 30300489-3 |
Sent: | 12/10/03 5:11:20 PM |
Sent As: | ECom112 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/279693
APPLICANT: Manpower Inc.
|
|
CORRESPONDENT ADDRESS: John E. McKie Ladas & Parry Suite 1200 224 South Michigan Avenue Chicago, IL 60604 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
|
MARK: MANPOWER
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 30300489-3
CORRESPONDENT EMAIL ADDRESS: CHIUSTM@LADAS.NET |
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.
|
Serial Number 78/279693
The assigned trademark examining attorney has reviewed the referenced application filed on 7/28/03, and has determined the following.
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Applicant must submit a written statement attesting to the facts set forth in the application, and confirming that applicant had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. §§2.34(a)(2)(i), (a)(3)(i) and (a)(4)(ii). This statement must be dated and signed by a person authorized to sign under 37 C.F.R. §2.33(a) and verified with a notarized affidavit or signed declaration under 37 C.F.R. §2.20. No signed verification was included with the application.
To satisfy this requirement, applicant may add the following declaration paragraph at the end of its response, properly signed and dated:
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce; that the applicant has a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the application filing date; that the facts set forth in the application are true and correct; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
If the declaration is filed electronically through TEAS, then applicant should sign the declaration by entering a “symbol” that applicant has adopted as a signature (e.g., /john doe/, /drl/, and /544-4925/). The Office will accept any combination of letters, numbers, spaces and/or punctuation marks as a valid signature if it is placed between two forward slash (“/”) symbols. 37 C.F.R. §§ 2.33(d) and 2.193(c)(1)(iii); TMEP §§304.08 and 804.05.
The wording such as “testing devices” in the identification of goods and services needs clarification because the applicant must specify the common name for the goods and services. Furthermore, career counseling services are incorrectly classified. The correct classification is International Class 41. TMEP §1402.01.
International Class 20: Plastic, metal, and wood testing devices, namely, [specify goods by name] used to evaluate employee skills at tasks needed for light industrial work and printed instructional manuals sold together as a unit.
Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. 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.
If applicant should fail to respond to this Office action within the six month time limit, then Class 20 will be deleted from the application and the application will proceed forward for Classes 9, 16, 35 and 41 only.
/acm/
Aretha Masterson
Examining Attorney
Law Office 112
703-308-9112, ext. 234
703-308-7184 (fax)
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.