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. 

 

 

Serial Number  78/516541

 

The assigned trademark examining attorney has reviewed the referenced application and has 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.

Recitation of Services

The wording in the recitation of services is unacceptable as indefinite because it fails to indicate, with greater specificity, the type of services being provided by the applicant.  Specifically, the wording “arranging land trusts to facilitate real estate investment,” “mortgage and real estate escrow and closing services,” “title insurance,” “property management,” “foreign exchange,” “electronic commerce payment services,” “negotiation of preferential rates,” and “administration of preferred provider plans in the fields of mortgages, real estate, automobiles and automobile financing, equipment and equipment financing, lease-purchase financing, money order services, money transfers, foreign exchange, electronic commerce payment services, insurance, cellular telephone services, Internet access services, credit card services, debit card services, stored value card services, automated teller machine services, securities, banking, check cashing, bill consolidation services, bill payment services, tax and accounting services, legal services, and bail bonding,” without more, is indefinite.  Applicant must amend the recitation of services to further clarify the nature of the indicated services.  Please note that legal services and real estate closing services are properly classified in International Class 42.  If applicant chooses to add a class to the application, applicant must comply with the requirements for combined applications as outlined below.  The applicant may amend this wording to the following, if accurate.  TMEP §1402.11.

 

Financial consultation services including consumer credit and debt management counseling in the areas of credit acquisition, restoration, and re-establishment, debt reduction, debt consolidation, financial planning, money management, budgeting, credit repair, credit reporting systems, evaluation of credit reports, negotiation with creditors and collection agencies, bankruptcy, real estate rental and ownership, mortgages, land trusts, trustee services, title insurance, escrow, account servicing, automobile leasing and ownership, automobile finance, credit cards, debit cards, cash cards, automated teller machines, Internet service providers, cellular telephone service providers, health insurance, life insurance, homeowner's insurance, car insurance, banking, checking, savings, investment strategies, estate planning, accounting, taxation, check cashing, car title loans, and payday loans; real estate services to provide solutions for individuals with distressed credit or otherwise facing financial difficulties, namely, mortgage banking, mortgage lending, mortgage brokerage, real estate brokerage, real estate agency, investment and trust company services in the nature of arranging land trusts to facilitate real estate investment by non-resident trust beneficiaries and housing for resident beneficiaries with distressed credit; real estate trustee services, maintaining mortgage and real estate escrow accounts; arranging for title insurance for others and real estate management; financial services to provide solutions for individuals with distressed credit or otherwise facing financial difficulties, namely, banking, check cashing, credit card services, debit card services, stored value card services, automated teller machine services, acquisition and transfer of monetary claims, bill consolidation services, bill payment services, discount securities brokerage, automobile financing, equipment financing, lease-purchase financing, money order services, money transfers, foreign exchange transactions, electronic commerce payment services, namely, establishing funded accounts used to purchase goods and services on the Internet, insurance agency and brokerage, and the formation, offering, and management of limited partnerships; member services to provide solutions for pools of individuals with distressed credit or otherwise facing financial difficulties, namely, administration of preferred provider plans in the field of health care; in International Class 36.

 

Legal services in the fields of consumer credit and debt management; real estate closing services; in International Class 42.

 

 

 

 

The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and services.

 

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

 

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

 

Requirements for a Combined or Multiple-Class Application

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.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

 

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

 

 

 

 

/Renee McCray/

Trademark Examining Attorney

Law Office 111

571.272.9388

 

 

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 has been 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.

 

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 SPECIFIED ABOVE.