To: | AdventNet, Inc. (Richard@4trademark.com) |
Subject: | TRADEMARK APPLICATION NO. 78948296 - ZOHO - N/A |
Sent: | 1/5/2007 8:56:10 AM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/948296
APPLICANT: AdventNet, 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: ZOHO
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 78/948296
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 identification of goods is unacceptable as indefinite because they are currently in two international classes. The applicant may adopt the following identification, if accurate:
Providing temporary use of on-line non-downloadable software for wordprocessing, spreadsheets, calendar, e-mailing, instant messaging, group ware, document sharing, organizer, managing data, customer relationship management, online polling, and to edit, create, publish and design presentations (I.C. 42);
Computer software downloadable from the internet for word processing, spreadsheets, calendar, e-mailing, instant messaging, group ware, document sharing, organizer, managing data, customer relationship management, online polling, and to edit, create, publish and design presentations that may be downloaded from a global computer network (I.C. 9). TMEP §1402.01.
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 that are not within the scope of goods set forth in the present identification.
For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
1. The items listed below are always required for any application, but in a TEAS Plus application, must be submitted at the time of
filing. On the TEAS Plus form, these items are designated as “mandatory” fields, meaning that transmission of the form is impossible cannot be transmitted to the USPTO without an entry in these fields:
· Applicant’s name and address;
· Applicant’s legal entity and citizenship;[1]
· A name and address for paper correspondence;
· One or more bases for filing, and the requirements of 37 C.F.R. §2.34 for each basis;
· A correctly classified identification (ID) of goods/services from the USPTO ID Manual;[2]
· A filing fee for each class;
The current application did not correctly list the classification or pay the required fees and must be removed from TEAS Plus. An additional fee for this must be paid.
Combined Applications
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the requirements below for those goods and/or services based on actual use in commerce under Trademark Act Section 1(a):
(1) Applicant must list the goods/services by international class with the classes listed in ascending numerical order;
(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); and
(3) For each additional class of goods and/or services, applicant must submit:
(a) dates of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial application apply to that class; the dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application;
(b) one specimen showing use of the mark for each class of goods and/or services; the specimen must have been in use in commerce at least as early as the filing date of the application;
(c) a statement that “the specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application;” and
(d) verification of the statements in 3(a) and 3(c) in an affidavit or a signed declaration under 37 C.F.R. §2.20. (NOTE: Verification is not required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, or (2) the original specimens are acceptable for the added class.)
37 C.F.R. §§2.6, 2.34(a), 2.59, 2.71(c), and 2.86(a); TMEP §§810, 904.09, 1403.01 and 1403.02(c).
Please note that the specimen(s) of record are acceptable for class(es) 9 and 42.
TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html: (1) written responses to Office actions; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner’s address; (5) appointments and revocations of attorney; (6) amendments to allege use; (7) statements of use; (8) requests for extension of time to file a statement of use, and (9) requests to delete a §1(b) basis. If any of these documents are filed on paper, they must be accompanied by a $50 per class fee. 37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(i). Telephone responses will not incur an additional fee. NOTE: In addition to the above, applicant must also continue to accept correspondence from the Office via e-mail throughout the examination process in order to avoid the additional fee. 37 C.F.R. §2.23(a)(2).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Irene D. Williams/
Trademark Examining Attorney
LO 112
571-272-9239
fax: 571-273-9112
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.
[1] For partnerships, joint ventures, sole proprietorships, trusts, estates, or other entities requiring the names and citizenship of individual members, the TEAS Plus applicant is not required to provide the names and citizenship of the individual members in the initial application.
[2] The TEAS Plus form will only allow the applicant to select existing ID manual entries for classes 1-45. For any ID manual entry with a fill-in-the blank element, the TEAS Plus form will include a free-text field in which the applicant must enter the required data.
The TICRs display of the goods/services will highlight entries that include applicant-entered data, and the examining attorney must determine whether the ID and classification are acceptable. For all other goods/services entries, the ID and classification will correspond directly to the ID manual, and will not require amendment.