Offc Action Outgoing

This is a PROVISIONAL PARTIAL REFUSAL of the trademark and/or service mark in the above-referenced U.S. application that applies to only the following goods and/or services in the application: Paper, cardboard and goods made of these materials, cardboard or paper boxes; printed matter; envelopes (stationery); bags, small bags (wrappings, pouches) for packaging purposes (of paper or plastic); non-fabric labels; printed matter; cards; books; prospectuses; pamphlets; instructional and teaching material (except apparatus); lithographic or engraved art objects; paintings (framed or not); Telecommunications, information on telecommunications; communications via computer terminals or via fibre-optic networks; radio programmes, television programmes; electronic display services (telecommunications); connection by telecommunications to a global computer network; Treatment of materials. See 15 U.S.C. §1141h(c).

WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL PARTIAL REFUSAL:

Applicant may respond directly to this provisional refusal Office action, or applicant’s attorney may respond on applicant’s behalf. However, the only attorneys who can practice before the United States Patent and Trademark Office (USPTO) in trademark matters are as follows:

(1) Attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other federal territories and possessions of the U.S.; and

(2) Canadian attorneys who represent applicants residing in Canada and who have applied for and received reciprocal recognition by the USPTO under 37 C.F.R. §10.14(c).

37 C.F.R. §10.14; TMEP §602.

Other than duly authorized Canadian attorneys, foreign attorneys cannot sign responses or otherwise represent applicants before the USPTO. See TMEP §602.06(b). Preparing a paper, authorizing an amendment to an application, or submitting legal arguments in response to a requirement or refusal constitutes representation of a party in a trademark matter. A response signed by an unauthorized foreign attorney is considered an incomplete response. TMEP §§602, 602.03, 603.04, 605.05(a).

THE APPLICATION HAS BEEN PROVISIONALLY PARTIALLY REFUSED AS FOLLOWS:

Please note that this is a partial refusal Office action. In other words, the refusal(s) and/or requirement(s) in this Office action apply only to specified goods and/or services in the U.S. application.

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

NO CONFLICTING MARKS

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. Section 1052(d). TMEP section 704.02.

IDENTIFICATION OF GOODS IS UNACCEPTABLE – CLARIFICATION IS NEEDED

The wording in the identification of goods is indefinite and must be clarified because the goods and services were too broadly defined. The applicant needs to amend the identification to read with greater specificity. Additionally, the applicant needs to amend “programmes” to read as “programs” and “fibre” as “fiber.” The following amendment is suggested, if accurate:

Paper, cardboard and goods made of these materials, namely, (indicate), cardboard and paper boxes; printed matter, namely, (indicate) featuring (indicate); stationery; packages made of paper or cardboard, wrapping paper; envelopes, stationery, envelopes of paper, cardboard and tracing paper; bags(indicate type e.g. paper bags), small bags(indicate type e.g. paper bags), wrappings, pouches for packaging purposes of paper or plastic; non-fabric labels namely, (indicate e.g. address labels); printed matter, namely, (indicate e.g. books) in the field of (indicate e.g. music), printing blocks, printing type; bookbinding material; photographs; adhesives for stationery or household purposes; posters; scrapbooks; blank cards; books in the field of (indicate); newspapers; prospectuses in the field of; pamphlets in the field of; calendar; writing instruments; printed instructional and teaching material except apparatus; lithographic or engraved art objects, namely, (indicate) ; paintings, framed or not; graphic prints; drawing instruments, in International Class 16.

Telecommunications services, namely (indicate), providing information on telecommunications via e.g. the internet; communications via computer terminals or via fiber-optic networks; radio or telephone communication; radio programs broadcasting, television programs broadcasting; mobile radio-telephone services; provision of access to a global computer network; electronic display services namely (indicate); electronic mail services; computer-aided message and image transmission; broadcasting services of information, images, sounds on global communication networks such as the Internet; providing telecommunication connections to a global computer network; teleconferencing services; rental of telecommunication equipment, in International Class 38.

Treatment of materials, namely, (indicate), offset printing; pattern printing; lithographic printing; printing services; paper treating; paper finishing; bookbinding; photographic film development, photographic printing; photogravure, in International Class 40. TMEP §1402.01.

INCLUDE ONLY GOODS THAT ARE WITHIN THE SCOPE OF THE ORIGINAL IDENTIFICATION

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. Section 2.71(b); TMEP section 804.09. 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.

PARTIAL ABANDONMENT

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application: Paper, cardboard and goods made of these materials, cardboard or paper boxes; printed matter; envelopes (stationery); bags, small bags (wrappings, pouches) for packaging purposes (of paper or plastic); non-fabric labels; printed matter; cards; books; prospectuses; pamphlets; instructional and teaching material (except apparatus); lithographic or engraved art objects; paintings (framed or not); Telecommunications, information on telecommunications; communications via computer terminals or via fibre-optic networks; radio programmes, television programmes; electronic display services (telecommunications); connection by telecommunications to a global computer network; Treatment of materials. The application will then proceed with the reminder of the goods and services. 37 C.F.R. §2.65(a).

PLEASE NOTE: The informality raised can be resolved by telephone or by e-mail. The applicant may telephone or e-mail the examining attorney, instead of submitting a written response, to expedite the application.

F BLANDU

/f blandu/

l.o.117

tel 571 272-9128

fax 571 273-9128

e-mail (for informal communications only) florentina.blandu@uspto.gov

RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.