Offc Action Outgoing

MPS

Guardsmark, LLC

TRADEMARK APPLICATION NO. 78343974 - MPS - 13534.006

UNITED STATES DEPARTMENT OF COMMERCE
To: Guardsmark, LLC (trademarkdocketing@aporter.com)
Subject: TRADEMARK APPLICATION NO. 78343974 - MPS - 13534.006
Sent: 7/20/04 2:23:22 PM
Sent As: ECom108
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 78/343974

 

    APPLICANT:                          Guardsmark, LLC

 

 

        

*78343974*

    CORRESPONDENT ADDRESS:

    James Walsh

    Arnold & Porter

    IP Docketing

    555 Twelfth Street, N.W.

    Washington, DC 20004

RETURN ADDRESS: 

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

 

 

 

 

    MARK:          MPS

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   13534.006

 

    CORRESPONDENT EMAIL ADDRESS: 

 trademarkdocketing@aporter.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.

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/343974

 

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.

 

The applicant must respond to the following informalities.

 

Recitation of Services

The wording in the recitation of services is unacceptable as indefinite because it includes terms which require further specification. The wording “custom design of security systems” appears to identify a service in IC 42 and the wording “creation of written duties for security services provider” appears to identify custom writing services in IC 41.  The applicant may amend this wording to the following, if accurate.  TMEP section 1402.11

 

Class 41 - custom writing services in the field of security services featuring written duties for security services providers.

 

In the identification, the applicant should use the common commercial designation for the services, be as complete and specific as possible and avoid the use of indefinite words and phrases.  The applicant may not include broad wording such as “services in connection with...” or “such as” or “including” or “and like services” or “systems” or “products” or “concepts” or “not limited to....”  TMEP §§1402.03(a) and 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.

 

Combined/Multiple Class Application

The application identifies services that may be classified in several international classes.  Therefore, the applicant must either:  (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es).  37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) 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.  37 C.F.R. §2.6(a)(1). 

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

/Andrea D. Saunders/

Trademark Attorney

Law Office 108

703-308-9108 x229

703-746-8108

 

 

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

 

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

 


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