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