To: | Gotzmann, Kerstin (laipmail@gtlaw.com) |
Subject: | TRADEMARK APPLICATION NO. 78781379 - 666 - 86925-010300 |
Sent: | 6/22/2006 7:40:27 PM |
Sent As: | ECOM102@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/781379
APPLICANT: Gotzmann, Kerstin
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CORRESPONDENT ADDRESS: STEVEN M. WEINBERG, ESQ. AND ALL OTHER A |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: 666
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CORRESPONDENT’S REFERENCE/DOCKET NO: 86925-010300
CORRESPONDENT EMAIL ADDRESS: |
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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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 78/781379
The assigned examining attorney has reviewed the referenced application and 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 of Goods
The wording “Photographic and graphic images, brochures and pamphlets; publications, namely, newsletters, magazines, and books” in the identification of goods is unacceptable as indefinite. The applicant must amend the identification to further specify the commercial name, nature and/or subject matter of the goods. For example, the wording and format “photographs; publications, namely, newsletters, magazines, and books [specify subject matter]” are acceptable in Class 16. TMEP §1402.01.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
For assistance with identifying and classifying 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.
Entity
Applicant must clarify its entity type because there is an inconsistency in the application. Specifically, the application indicates that that two individuals own the mark.
A mark is usually owned by a single business entity or one individual. If both named applicants own the mark jointly, they must state that they are joint applicants. TMEP §803.03(d). Applicant cannot amend the application to designate another entity as the applicant. If the application was filed in the name of the wrong party, then this application is considered void. In such a case, the true owner may refile a new application for the mark, with a new filing fee. TMEP §803.06.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Dominic J. Ferraiuolo/
Attorney US Patent & Trademark Office
Law Office 102
tel: (571)-272-9156
fax: (571) 273-9102
HOW TO RESPOND TO THIS OFFICE ACTION:
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.