UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

PRIORITY ACTION

 

OFFICE SEARCH:  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 704.02. 

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.  This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

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

 

Serial Number  78/332859

 

The following issues were discussed in communication with Mr. Jansinki on July 3, 2004.

 

Entity type indefinite

Applicant must amend the information appearing under the “Applicant’s Name” and “Applicant’s Entity Type” sections of the application, and clarify whether it is a partnership.  If applicant is a partnership, it must list the name of the partnership, the state under whose laws the partnership is organized (or the country under whose laws the partnership is organized if the partnership is a foreign partnership), the names and citizenship of any general partners who are individuals, and/or the names and U.S. state or foreign country of incorporation of any general partners which are corporations, and/or the names and states or (foreign) countries of organization of any general partners which are themselves partnerships.

 

Applicant should state this information in the following format, if accurate:  “<indicate name of partnership>, a partnership organized under the laws of <specify state or country>, composed of <list names of general partners>, <citizen(s), partnership(s), or corporation(s)> of <name of state or foreign country>.”  37 C.F.R. §2.32(a)(3)(iii); TMEP §803.03(b).

 

If applicant is a limited partnership, then only the names and citizenship or U.S. state or foreign country of organization or incorporation of the general partners need be provided.

 

 

 

Identification of Goods/Services

The current wording used to describe the goods needs clarification because it is not clear and concise. Applicant may adopt the following identification of goods, if accurate:  “magazine featuring [indicate subject matter, e.g., information about the lifestyles of the straight and gay communities,” in International Class 16.   TMEP §1402.01.

 

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

 

 

 

 

 

 

/acm/

Aretha Masterson

Trademark Attorney

703 308-9112 ext. 234

 

 

 

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.

 

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