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. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  78/574365

 

This letter responds to applicant’s communication submitted on November 26, 2005. The description and meaning of the mark, amended recitation of services and argument against the suggested recitation are acknowledged and made of record. The description and meaning of the mark are accepted. The applicant is advised as follows.

 

Recitation of Services

The recitation of services is unacceptable as indefinite. TMEP §1402.11. This requirement is made FINAL.  The  wording is unacceptable because it does not follow the guidelines of the United States Patent and Trademark Office. Furthermore, the decision as to the proper classification of goods or services is a purely administrative matter within the sole discretion of the United States Patent and Trademark Office.  In re Tee-Pak inc., 164 USPQ 88 (TTAB 1969).

 

 

 

The applicant may adopt the following recitation, if accurate: 

In Class 39: Electronic archiving and storage of photograph for insurance companies, their agents and their clients; electronic delivery of images and photographs via a global computer network;

In Class 40: Providing photographic processing services to insurance companies and their insureds;

In Class 41: Photograph services for insurance companies, namely providing insurance company clients with cameras for photographing automobile and other accident scenes, high value insured items and domestic posessions; providing an electonic data base of photographs

Applicant may wish to consult the on-line searchable Manual of Acceptable Goods and Services on the Patent and Trademark Office homepage.   The web site address is as follows:

http://tess2.gov.uspto.report/netahtml/tidm.html.

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 goods or services that are not within the scope of the goods and services recited in the present identification.

 

Additional Class(es)

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.

 

Options

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board.  37 C.F.R. §2.64(a).  If the applicant fails to respond within six months of the mailing date

of this refusal, this Office will declare the application abandoned.  37 C.F.R. §2.65(a).

 

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

 

 

 

/Kevon L. Chisolm/

Trademark Attorney

Law Office 103

(571)-272-9270

 

 

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.