Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

This application has been withdrawn from publication to correct an examining error in the recitation of services.  The assigned examining attorney regret the error and attendant delay caused by same.

 

Identification of Goods and/or Services

 

The wording in the recitation of services in class 35 is too broad because it could include items classified in other classes.  TMEP §§1402.01 and 1402.03.  The applicant may adopt the following identification of goods, if accurate: 

 

          Leasing of office equipment, in International Class 35

and

          Leasing of industrial manufacturing equipment and material handling equipment,

          in International Class 40

 

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 goods and services recited in the present identification.

 

The applicant may wish to consult the on-line identification of goods and services manual on the Patent & Trademark Office homepage for a listing of acceptable names for goods and/or  services. The web site address is as follows:

 

    http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

 

Combined Applications

 

Applicant must clarify the number of classes for which registration is sought.  The submitted filing fees are insufficient to cover all the classes in the application.  Specifically, the application identifies goods and/or services that are classified in at least 3 international classes, however applicant paid the fee for only 2 class(es).

 

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 §§810.0l, 1401.04, 1401.04(b) and 1403.01.

 

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b)

 

(1)   Applicant must list the goods and/or services by international class with the classes

      listed in ascending numerical order.  TMEP § 1403.01; and

 

(2)   Applicant must submit a filing fee for each international class of goods and/or

      services not covered by the fee already paid (current fee information should be

      confirmed at http://www.uspto.gov).  37 C.F.R. §2.86(a)(2); TMEP §§810 and

      1403.01.

 

How to Respond to this Office Action:

 

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action issued via email you must wait 72 hours after receipt of the Office Action to respond via TEAS).

 

• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

Notice: Fee Change   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1)   $325 per international class if filed electronically using the Trademark

      Electronic Application System (TEAS); or 

 

(2) $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

Notice: Trademark Operation Relocation

 

The Trademark Operation has relocated to Alexandria, Virginia.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

Status of Application:

 

To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

View Application Documents Online:

 

Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

General Trademark Information:

 

For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

For inquiries or questions about this office action, please contact the assigned examining attorney.

 

/JSD/

 

Jeffrey S. DeFord

Examining Attorney

United States Patent & Trademark  Office

Law Office 115

(571) 272-9469