| To: | Advanced Institute of Hair Design, Inc. (rkmip@rkmiplaw.com) |
| Subject: | TRADEMARK APPLICATION NO. 78325266 - VICI - 1473.18488 |
| Sent: | 5/21/04 1:02:16 PM |
| Sent As: | ECom111 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/325266
APPLICANT: Advanced Institute of Hair Design, Inc.
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CORRESPONDENT ADDRESS: John M. Manion Ryan Kromholz & Manion, S.C. P O Box 26618 Milwaukee, WI 53226-0618
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: VICI
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1473.18488
CORRESPONDENT EMAIL ADDRESS: rkmip@rkmiplaw.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 78/325266
The assigned examining attorney has reviewed the referenced application and determined the following.
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.
The preamble of the application identifies the applicant as a corporation of Wisconsin. However, Penelope A. Rushing signed the application as “owner.” The applicant must explain this inconsistency. TMEP section 802.03. If the title of “owner” is incorrect, the applicant may simply amend the title. If the declaration is incorrect, the applicant must provide a new affidavit or declaration. The new affidavit must identify the applicant correctly, including the type of entity, and the applicant must sign the new affidavit or declaration. TMEP sections 803 and 803.01.
The recitation of services is unacceptable as indefinite because appliant must state the type of educational services being offered. The applicant may adopt the following recitation, if accurate. TMEP section 1301.05.
Class 41: Educational services, namely, providing _____ [state the type of instruction, for example, classes, seminars, workshops] in the field of beauty salons services.
Class 44: Acceptable as is.
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(b); TMEP section 804.09. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.
Applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the trademark examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).
/Margery A. Tierney/
Examining Attorney, Law Office 111
703-536-5277
fax: (703)746-8111
email: margery.tierney@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 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.