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  78/537164

 

The assigned trademark examining attorney has reviewed the referenced application and has determined the following:

 

Search Results

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

Identification and Classification of Services

Applicant must correct the classification of the services “entertainment services, namely performing and competing in motor sporting events” in the application and amend the application to classify them in International Class 41.   37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).

 

Also, the wording “providing education and sponsorship services related to promoting oversize truck racing” used to describe the services needs clarification because it is unclear as to the nature of applicant’s services and is too broad.  This wording could describe educational demonstrations or educational services in the nature of conducting programs in the field of oversize truck racing in International Class 41.  The wording “sponsorship services” appears to describe promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with oversize truck racing competitions in International Class 35.  Applicant must amend the wording to specify the common commercial or generic name for the services.  If there is no common commercial or generic name for the services, then applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s).  TMEP §1402.01.

 

The examining attorney suggests, and applicant may adopt, the following identification of services, if accurate:

 

“Promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with oversize truck racing competitions,” in International Class 35.

 

“Entertainment services, namely, performing and competing in motor sporting events; educational services, namely, conducting [indicate mode of instruction, e.g., classes, seminars, conferences, workshops, etc.] in the field of oversize truck racing,” in International Class 41.

 

TMEP §1402.01.

 

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

 

For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

 

 

 

/Allison P. Schrody/

Examining Attorney

Law Office 115

(571) 272-5893

(571) 273-9115 (fax)

 

 

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.