To: | Without A Box, Inc. (tm_docket@iplg.com) |
Subject: | TRADEMARK APPLICATION NO. 78893548 - CRITICAL MASS TICKETING - WITHOUTABOX. |
Sent: | 11/2/2006 11:39:02 AM |
Sent As: | ECOM117@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/893548
APPLICANT: Without A Box, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: CRITICAL MASS TICKETING
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CORRESPONDENT’S REFERENCE/DOCKET NO: WITHOUTABOX.
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 78/893548
The assigned examining attorney has reviewed the referenced application and 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.
Identification and Classification of Services
The identification and classification of services is unacceptable as indefinite because it is too broad and includes services that fall into several international classes. Specifically, the wording “online retail store services featuring travel arrangements” is unclear, and requires clarification; while retail store services are in Class 35, travel agency services are in Class 39 or Class 43, depending upon the type of reservations made. Moreover, the wording “travel agency services, namely, making reservations and bookings for commercial travel” must be amended to clarify the meaning of “commercial travel, “ which will determine the correct classification. Finally, the wording “providing information in the field of entertainment” is too broad and must be clarified. TMEP §1402.11. The applicant may adopt the following identification and classification, if accurate:
Class 35: promoting the film festivals and other entertainment events of others.
Class 39: travel agency services, namely, making reservations and bookings for commercial transportation; travel and tour ticket reservation service; providing travel information services via computer network and global computer network; travel planning.
Class 41: arranging for ticket reservations for film festival events, shows and other entertainment events; online ticket agency services for film festivals, shows and other entertainment events; providing entertainment information about entertainment events via global computer network.
Class 43: travel agency services, namely, making reservations and bookings for temporary lodging.
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.
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 services recited in the present identification.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.
The filing fee for adding classes to an application is as follows:
(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and
(2) $375 per class, when the fees are submitted with a paper response.
37 C.F.R. §§2.6(a)(i) and (ii); TMEP §810.
Note: the applicant has paid filing fees for two international classes.
Disclaimer
The applicant must disclaim the descriptive wording “TICKETING” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive because it means “to provide with a ticket for passage or admission” and the services are identified in part as ticket agency services. (See attached definition).
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP §1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use TICKETING apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
/Patty Evanko/
Trademark Attorney
Law Office 117
571-272-9404
patty.evanko@uspto.gov (questions only)
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.