Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

INTERNATIONAL REGISTRATION NO. 1076443

This is a PROVISIONAL FULL REFUSAL of the trademark and/or service mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c).

WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL:

Applicant may respond directly to this provisional refusal Office action if applicant is not represented by an authorized attorney. See 37 C.F.R. §2.193(e)(2)(ii). Otherwise, applicant’s authorized attorney must respond on applicant’s behalf. See 37 C.F.R. §2.193(e)(2)(i). However, the only attorneys who are authorized to sign responses and practice before the 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 United States; and

(2) Canadian agents/attorneys who represent applicants located in Canada and (a) are registered with the USPTO and in good standing as patent agents or (b) have been granted reciprocal recognition by the USPTO.

See 37 C.F.R. §§2.17(e), 2.62(b), 11.1, 11.5(b)(2), 11.14(a), (c); TMEP §§602, 712.03.

Foreign attorneys, other than authorized Canadian attorneys, are not permitted to represent applicants before the USPTO. See 37 C.F.R. §§2.17(e), 11.14(c), (e); TMEP §602.03-.03(b). That is, foreign attorneys may not file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal, among other things. See 37 C.F.R. §11.5(b)(2); TMEP §§602.03(c), 608.01. If applicant is represented by such a foreign attorney, applicant must respond directly to this provisional refusal Office action. See 37 C.F.R. §2.193(e)(2)(ii).

DESIGNATION OF DOMESTIC REPRESENTATIVE:

The USPTO encourages applicants who do not reside in the U.S. to designate a domestic representative upon whom notices or process may be served. 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2); see TMEP §610. Such designations may be filed online at http://www.gov.uspto.report/teas/index.html.

THE APPLICATION HAS BEEN PROVISIONALLY REFUSED AS FOLLOWS:

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

SEARCH RESULTS: NO CONFLICTING MARKS

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

SUMMARY OF ISSUES APPLICANT MUST ADDRESS

· Requirement: Color claim and mark description needed

· Requirement: Identification of goods and services clarification needed

REQUIREMENT: COLOR CLAIM AND MARK DESCRIPTION NEEDED

Applicant has submitted a color drawing, but has not specified the colors claimed as a feature of the mark or provided a mark description that identifies the literal and design elements and specifies where all the colors appear in those elements. Applications for marks depicted in color must include a complete list of all the colors claimed as a feature of the mark and a mark description of the literal and design elements that specifies where all the colors appear in those elements. 37 C.F.R. §§2.37, 2.52(b)(1); see TMEP §§807.07(a) et seq.

If black, white and/or gray are not being claimed as a color feature of the mark, applicant must state that the colors black, white and/or gray represent background, outlining, shading and/or transparent areas and are not part of the mark. TMEP §807.07(d). Generic color names must be used in the color claim and mark description, e.g., magenta, yellow, turquoise. TMEP §807.07(a)(i)-(a)(ii).

Therefore, applicant must provide a color claim and a mark description specifying where all the colors appear in the mark. The following color claim and mark description are suggested, if accurate:

Color claim: “The colors blue, green, yellow and red are claimed as a feature of the mark.”; and

Mark description: “The mark consists of a blue circle with a stylized cube in the center comprised of three squares which do not touch. The left square is green, the top square is yellow and the right square is red.”

REQUIREMENT: IDENTIFICATION OF GOODS AND SERVICES CLARIFICATION NEEDED

The identification of goods and services is indefinite and must be clarified because, as currently worded, the nature of some of the goods and services is unclear, it contains broad wording that could include goods and services in multiple international classes, it contains parentheses and it contains repetitive language. Therefore, applicant must clarify the identification by specifying the type of goods and services as explained below and as shown in bold text in the suggested identification of goods and services below, deleting the parentheses and incorporating the parenthetical language into the identification and deleting any repetitive language as shown by the strikethroughs in the suggested identification below. See TMEP §1402.01.

In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words such as “accessories,” “apparatus,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names. See TMEP §§1402.01, 1402.03(a).

“Computer software”

An identification for computer software must specify the purpose or function of the software. See TMEP §1402.03(d). If the software is field-specific, the identification must also specify the field of use. Id. Clarification of the purpose, function, or field of use of the software is necessary for the USPTO to properly examine the application and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000).

“Electronic publications”

The wording “electronic publications” in the identification of goods is indefinite and must be clarified because it could include goods and services in more than one international class. See TMEP §1402.01. Therefore, applicant must amend “electronic publications” to clarify whether the publications are downloadable or recorded on computer media such as CDs or DVDs in International Class 9, or are online non-downloadable publications in International Class 41. In addition, applicant must specify (1) the common name of the type of publication such as brochures, newsletters, magazines, and (2) the subject matter of the publication.

Applicant may substitute the following wording, with the necessary information added (such information is indicated in the curly brackets), if accurate:

Downloadable electronic publications, namely, {indicate specific type of publication, e.g., newsletters, journals, books, etc.} in the field of {indicate subject matter} in International Class 9;

Electronic publications, namely, {indicate specific type of publication, e.g., newsletters, journals, books, etc.} in the field of {indicate subject matter} recorded on computer media in International Class 9; and/or

Providing non-downloadable electronic publications, namely, {indicate specific type of publication, e.g., newsletters} in the field of {indicate subject matter} in International Class 41.

“Publications”

Regarding publications in the identification of goods, applicant must specify the common name of the type of publication, e.g., pamphlets, brochures, newsletters, journals, magazines, etc. and the subject matter or field of use of the publications. TMEP §1402.03(e).

“Clothing”

The wording “clothing” in the identification of goods is indefinite and must be clarified because it does not specify the types of clothing for which the mark is used. See TMEP §§1402.01, 1402.03. Applicant must amend the identification by inserting the word “namely,” after “clothing” and indicating the specific types of clothing items (e.g., shirts, pants, coats, dresses). See TMEP §§1402.01, 1402.03(a).

In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, although clothing can be classified in international classes other than International Class 25 (e.g., International Classes 9, 10, and 18), any modification to the identification must identify goods in International Class 25 only, the class specified in the application for such goods.

“Sales”

The word “sales” in the identification of services is indefinite and must be clarified. See TMEP §1402.01. To be a service, an activity must be primarily for the benefit of someone other than the applicant. See In re Reichhold Chems., Inc., 167 USPQ 376, 377 (TTAB 1970). “Sales” or “selling” is not a service rendered for the benefit of others. See TMEP §§1301.01(a)(ii), 1402.11.

Therefore, applicant must delete “sales” and indicate with greater specificity the nature of the service, e.g., “retail store services featuring clothing,” “mail order services featuring clothing,” or “on-line retail store services featuring clothing.”

“Education”

The wording “educational services” in the identification of services is indefinite and must be clarified because it does not specify (1) how the educational services will be provided (e.g., via classes, seminars, workshops) or (2) the subject matter of the educational services. See TMEP §1402.01.

Therefore, applicant must amend the identification to specify the form of delivery of the “educational services,” and the subject matter of these services. The following format is suggested: “educational services, namely, classes and seminars in the field of [specify subject matter].”

“Or”

An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Generally, the terminology “and/or” and “or” is not sufficiently explicit language in identifications because it is not clear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services. See TMEP §1402.03(a).

For example, “modems and/or monitors” could be read to mean “modems or monitors” and thus it is unclear which goods applicant intends to identify. Applicant could amend the identification to “modems” alone, or “monitors” alone, or “modems and monitors” if applicable. Therefore, applicant should replace “and/or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” deleted and the goods or services specified using definite and unambiguous language.

Parentheses: The identification of goods and services contains parentheses. Generally, parentheses and brackets should not be used in identifications. Parenthetical information is permitted in identifications only if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).” TMEP §1402.12.

Therefore, applicant must remove the parentheses from the identification of goods and services and incorporate the parenthetical information into the description.

Punctuation: In addition, please note the punctuation used in the suggested identification of goods and services. An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, proper punctuation in identifications of goods and services is necessary to delineate explicitly each product or service within a list and to avoid ambiguity. Generally, commas should be used (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely.” TMEP §1402.01(a). Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class. Id.

For example, the identification of goods “cleaners, namely, glass cleaners, deodorizers for pets, cosmetics” is ambiguous because “cosmetics” and “deodorizers for pets” are not “cleaners,” and thus are not within this category of goods even though they are all in the same international class. Id. However, by replacing the commas with semicolons after “glass cleaners” and “deodorizers for pets,” this identification would become acceptable: “cleaners, namely, glass cleaners; deodorizers for pets; cosmetics.” Id.

Suggested Identification of Goods and Services:

Applicant may adopt the following identification of goods and services, if accurate. See TMEP §1402.01.

International Class 8

Hand-operated hand tools and implements, namely, {indicate the specific type of hand-operated hand tools and implements, e.g., clamps, hammers, chisels}; non-electric cutlery; table forks; spoons, other than for fishing and for medicines; scissors; hand-operated hand tools and implements for gardening, namely, {indicate the specific type of hand-operated hand tools and implements for gardening, e.g., trowels, weeding forks, spades, hoes}; mechanical tools for chopping and cutting foodstuffs, namely, {indicate the specific type of mechanical tools for chopping and cutting foodstuffs, e.g., hand-operated choppers}; non-electric can openers; nutcrackers; razors; razor blades; nail nippers and files; nail clippers; manicure and pedicure sets; electric and non-electric hair clippers for personal use; curling tongs, namely, {indicate the nature of the curling tongs, e.g., butter curlers, eyelash curlers, non-electric curling irons}; hair-removing tweezers

International Class 9

Scientific other than medical, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking in the nature of supervision and life-saving apparatus and instruments, namely, {indicate the specific type of Scientific other than medical, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking in the nature of supervision and life-saving apparatus and instruments, e.g., cameras, cinematographic cameras, life preservers}; teaching apparatus and instruments, namely, {indicate the specific type of teaching apparatus and instruments, e.g., medical teaching mannequins}; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, {indicate the specific type of apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, e.g., electricity conduits, electricity limiters, adapters}; material for electricity mains, namely, electricity wires and cables; electric switches; {indicate the specific type of sockets, e.g., electric, electrical} sockets, {indicate the specific type of plugs, e.g., electric, electrical} plugs and other contacts, namely, {indicate the specific type of other contacts, e.g., safety contact plugs, electrical connectors, electrical connections}; fuses; socket covers, namely, {indicate the nature of the socket covers, e.g., electric outlet covers}; batteries, electric; batteries for lighting; flat irons, electric; apparatus for recording, transmission or reproduction of sound or images; amplifiers; headphones; loudspeakers; magnetic recording media, namely, {indicate the specific type of magnetic recording media, e.g., blank magnetic data carriers, blank magnetic disks, blank magnetic computer tapes}; sound recording, magnetic and optical disks, audio and video compact disks, namely, {indicate the specific type of sound recording, magnetic and optical disks, audio and video compact disks, e.g., blank magnetic and optical disks for sound recording, blank magnetic and optical disks, blank audio and video compact disks, prerecorded magnetic and optical disks featuring [indicate subject matter, e.g., music]}; digital versatile optical disk players (DVD players); camcorders; videotapes, namely, {indicate the specific type of videotapes, e.g., blank videotapes, prerecorded videotapes featuring [indicate the subject matter of the videotapes, e.g., movies]}; facsimile machines; telephone apparatus; adapters designed for telephones; battery chargers for use with telephones; bags, covers and cases specially adapted for mobile telephones and telephone equipment; answering machines; hands free kits for phones; television apparatus, namely, {indicate the specific type of television apparatus, e.g., televisions, television cameras, television transmitters}; antennas; photographic slides; projection apparatus and screens, namely, {indicate the specific type of projection apparatus and screens, e.g., slide and photograph projection apparatus, transparency projection apparatus, computer screens, flat panel display screens, projection screens}; photography flash-bulbs; exposed {indicate the specific type of exposed films, e.g., camera, cinematographic, photographic, slide, X-ray} films; cases especially made for photographic apparatus and instruments; automatic vending machines and mechanisms for coin-operated apparatus; automated teller machines; calculating machines; data processing apparatus, namely, {indicate the specific type of data processing apparatus, e.g., data processors, memories for data processing equipment, interface cards for data processing equipment in the form of printed circuits}; computers; computer peripheral devices; data processing equipment, namely, {indicate the specific type of readers, e.g., flash card, optical, smart card} readers; recorded computer software for {specify the function of the software and hardware, e.g., use in network management, etc. and, if system is content- or field-specific, the content or field of use}; floppy disks, namely, {indicate the specific type of floppy disks, e.g., blank floppy computer disks, floppy disks for computers featuring [specify the function of the programs on the disc, e.g., for use in database management, for use as a spreadsheet, for word processing, etc. and, if software is content- or field-specific, the content or field of use]}; modems; downloadable electronic publications in the nature of {indicate specific nature of publication} in the field of {indicate subject matter of publication}; electronic agendas; games apparatus designed solely to be used with television sets, an external display screen or monitor; video game cartridges; binoculars; optics, namely, spectacles; spectacle cases; integrated circuit cards, namely, {indicate the specific type of integrated circuit cards, e.g., blank integrated circuit cards, encoded integrated circuit cards containing programming used to [specify the function or purpose and, if the programming is content- or field-specific, the content or field of use]}; magnetically encoded {indicate the specific type of magnetically encoded cards, e.g., debit, credit, key, identity} cards; credit and payment cards, namely, {indicate the specific type of credit and payment cards, e.g., magnetically encoded credit cards, magnetically encoded debit cards, electronic and magnetic id cards for use in connection with payment for services}; {indicate the specific type of payment gift cards, e.g., magnetic coded} payment gift cards; magnetically encoded identity cards; telephone cards, namely, {indicate the specific type of telephone cards, e.g., magnetically encoded pre-paid telephone calling cards}; directional compasses; swimming {indicate the nature of the swimming belts, e.g., life} belts and {indicate the nature of the swimming jackets, e.g., life} jackets; diving masks, namely, {indicate the specific type of diving masks, e.g., face masks for diving, scuba diving masks, skin diving masks}; wet suits; {indicate the specific type of scales, e.g., baby, calculating, weighing} scales; protective helmets; protection devices for personal use against accidents, namely, {indicate the specific type of protective helmets; protection devices for personal use against accidents, e.g., eye covers for protective purposes, protective ear coverings, protective eyewear}; nets for protection against accidents; clothing for protection against accidents, irradiation and fire; barometers; {indicate the specific type of extinguishers, e.g., fire} extinguishers; egg timers; locks, electric; electric door bells; {indicate the specific type of alarms, e.g., burglar, fire, electronic door} alarms; anti-theft alarms; magnets; decorative magnets

International Class 12

Vehicles, namely, {indicate the specific type of vehicles, e.g., land vehicles, boats, motorcycles}; apparatus for locomotion by land, air or water, namely, {indicate the specific type of apparatus for locomotion by land, air or water, e.g., land vehicles, boats, airplanes}; boats; ~~boats~~, motorcycles; bicycles; goods handling carts; sun blinds adapted for automobiles; head restraints and safety belts for vehicle seats; children's safety seats for vehicles; kickstands; {indicate the specific type of frames, e.g., bicycle, license plate} frames; nets, namely, {indicate the nature of the nets, e.g., net cargo carriers for vehicles, net cargo storage bins especially adapted to fit in cars, trucks and SUVs}; {indicate the specific type of brakes, e.g., bicycle, vehicle, motorcycle} brakes; handlebars; {indicate the specific type of saddles, e.g., bicycle} saddles; bicycle pumps; pushchairs; {indicate the specific type of vehicle covers, e.g., fitted} vehicle covers; seat covers for vehicles; luggage carriers for {indicate the use of the luggage carriers, e.g., vehicles}; bicycle racks for {indicate the use of the bicycle racks, e.g., vehicles}; ski carriers for vehicles; ~~pushchairs~~; pushchair hoods; anti-theft devices for vehicles; shopping trolleys

International Class 14

Precious metals and their alloys other than for dental use; jewelry; ~~jewelry~~; precious stones; jewelry cases of precious metal; jewelry cases; horological and chronometric instruments; watches and watch bands; cuff links; tie pins; ornamental pins; jewelry, namely, lapel badges of precious metal; trinkets and fobs, namely, key rings of precious metal; sundials; boxes of precious metal; {indicate the specific type of coins, e.g., collectible, commemorative, non-monetary} coins; figurines and statuettes of precious metal; works of art of precious metal and precious stones; lapel pins

International Class 15

Musical instruments and component parts of musical instruments, namely, {indicate the specific type of component parts of musical instruments, e.g., foot pedals for use in connection with musical instruments, stands, strings}; musical boxes; bridges for musical instruments, namely, {indicate the specific type of bridges for musical instruments, e.g., guitar bridges}; tuning forks; cases for musical instruments

International Class 16

Paper; unprocessed and semi-processed cardboard; cardboard for stationery use; cardboard articles, namely, {indicate the specific type of cardboard articles, e.g., cardboard boxes, cardboard cartons, cardboard containers}; paper and plastic packaging bags, pouches and sheets; paper sheets, namely, stationery; printed matter, namely, {indicate the specific type of printed matter, e.g., printed awards, printed calendars, printed charts}; printing type; bookbinding materials; photographs; printing blocks; stationery; adhesives glues for stationery or household purposes; artists' materials, namely, {indicate the specific type of artists’ materials, e.g., artists' brushes, artists' pastels, artists' pencils, artists' pens}; paintbrushes; articles for use in school, namely, paint boxes; modeling paste; typewriters and office requisites except furniture, namely, {indicate the specific type of office requisites, e.g., franking machines, paper embossers, punches}; {indicate the specific type of instructional and teaching material, e.g., printed} instructional and teaching material except apparatus; writing and drawing materials, namely, {indicate the specific type of writing and drawing materials, e.g., drawing brushes, drawing instruments, writing instruments}; school supplies, namely, {indicate the specific type of school supplies, e.g., school writing books, pens, pencils}; staples for offices; thumbtacks; pencil sharpeners; correcting fluids for type; paper knives; pencils; writing chalk; pencil lead holders; rubber erasers; envelopes; {indicate the specific type of files, e.g., card, document, letter} files; {indicate the specific type of albums, e.g., coin, events, photographic} albums; books and periodicals in the field of {indicate the subject matter of the books and periodicals, e.g., music}; comic books; almanacs; pamphlets in the field of {indicate the subject matter of the pamphlets, e.g., music, advertising}; writing and drawing books, namely, {indicate the specific type of writing and drawing books, e.g., school writing books, drawing pads, drawing tablets}; catalogues in the field of {indicate the subject matter of the catalogues, e.g., music}; calendars; lithographs; engravings; paintings; posters; geographical maps; newspapers; spools for inking ribbons; mailers, namely, {indicate the nature of the mailers, e.g., mailing labels, cardboard mailing tubes, paper mail pouches}; postage stamps; office requisites, namely, adhesive tape dispensers; tissues of paper for removing make-up; babies' diapers of paper and cellulose; pictures; decalcomanias; garbage bags of paper and of plastics; bags for microwave cooking; signboards of paper and cardboard; toilet paper; bibs of paper; table linen of paper; towels of paper, handkerchiefs of paper; greeting cards; ~~greeting cards~~; postcards; patterns for dressmaking; terrestrial globes; non-magnetically encoded loyalty cards; non-magnetically encoded identity cards

International Class 18

Leather and imitations of leather; animal skins; trunks; suitcases; small cases, namely, {indicate the specific type of small cases, e.g., attaché cases, calling card cases, business card cases}; parasols; umbrellas; ~~parasols~~; walking sticks; whips; harnesses and saddlery; ~~saddlery~~; handbags; beach bags; bags, namely, {indicate the specific type of bags, e.g., athletic bags, beach bags, all-purpose carrying bags}; traveling sets consisting of {indicate the primary components of the traveling sets, e.g., traveling bags, garment bags for travel, grooming organizers for travel}; ~~trunks~~; vanity cases, not fitted; cosmetic sets consisting of {indicate the primary components of the cosmetic sets, e.g., cosmetic bags sold empty, cosmetic cases sold empty}; shopping nets and bags, namely, {indicate the specific type of shopping nets and bags, e.g., mesh shopping bags, string bags for shopping, canvas shopping bags, leather shopping bags}; backpacks; sports bags except those adapted to the product that they are intended to contain; wheeled shopping bags; garment bags for travel; school bags; wallets; notecases, namely, {indicate the specific type of card cases, e.g., name, business, calling} card cases; briefcases; ~~briefcases~~; leather key cases; purses; tool bags of leather sold empty; hat boxes of leather; satchel bags, namely, {indicate the specific type of satchel bags, e.g., satchels, school satchel}; slings for carrying infant children; collars and clothing for animals

International Class 19

Building materials, not of metal, namely, {indicate the specific type of building materials, not of metal, e.g., building glass, semi-worked woods, building stone}; cement, namely, {indicate the specific type of cement goods, e.g., cement aggregates, cement mixes, filling cement}; concrete; coatings, namely, {indicate the specific type of coatings, e.g., asphalt roof coatings, bituminous roof coatings, protective sealing coatings sold as an integral component of granite and stone}; plaster; {indicate the specific type of stone, e.g., artificial, building, footing} stone; marble; building timber; {indicate the specific type of veneer, e.g., wood} veneer; wood panelling; plywood; ~~coatings~~; parquet floor boards; {indicate the specific type of bricks, e.g., fired, unfired, commemorative, glass} bricks; window glass for building; surfacings for building, namely, {indicate the specific type of surfacings for building, e.g., nonstructural building materials in the nature of granite used in decorative surface applications for countertops and vanity tops}; tile floorings, not of metal, namely, {indicate the specific type of tile floorings, not of metal, e.g., floor tiles of wood, rubber floor tiles, non-metal floor tiles}; chimneys, not of metal; staircases, not of metal; windows and doors, not of metal; blinds outdoor, not of metal and not of textile; non-metal swimming pools; non-metallic swimming pools; cabanas not of metal; water pipes, not of metal; non-metallic transportable buildings; non-transportable non-metallic buildings, namely, {indicate the specific type of non-transportable non-metallic buildings, e.g., prefabricated non-metal buildings}; aquaria structures, namely, {indicate the specific type of aquaria structures, e.g., aquarium gravel, aquarium sand, decorative aquarium stones}; monuments, not of metal; advertisement columns, not of metal; duckboards, not of metal

International Class 20

Furniture; display stands; looking glasses, namely, mirrors; frames except construction frames, namely, {indicate the specific type of frames, e.g., bed frames, picture frames, furniture frames, mirror frames}; works of art made of wood, wax, plaster, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or plastic; non-metallic baskets and trays, namely, {indicate the specific type of non-metallic baskets and trays, e.g., non-metallic baskets for transporting goods for commercial purposes, non-metallic baker’s bread baskets, computer keyboard trays, packaging materials in the nature of rigid plastic trays}; packaging containers of plastic; {indicate the specific type of boxes of wood and plastic, e.g., decorative, letter} boxes of wood and plastic; houses for household pets, namely, {indicate the specific type of houses for household pets, e.g., pet crates, playhouses for pets}; beds for household pets; display boards; work benches; embroidery frames; registration plates, not of metal, namely, {indicate the specific type of registration plates, not of metal, e.g., non-metal identity plates, non-metal name plates, non-metal novelty license plates}; signboards of wood and plastics; non-metallic and non-electrical metal work, namely, {indicate the specific type of non-metallic and non-electrical metal work, e.g., non-metal hose hangers, non-metal castors, non-metal bolts}; non-metallic hinges and pegs; playpens for babies; cradles; infant walkers; bedding material excluding linen, namely, {indicate the specific type of bedding material excluding linen, e.g., bed frames, bed headboards, bed pillows, bed mattresses}; beds; sleeping bags for camping; cushions; pillows; bolsters; bedsprings; mattresses; clothes hangers; covers, namely, {indicate the specific type of covers, e.g., fitted fabric furniture covers, plastic tissue box covers, fitted covers for high chairs}; curtain rings, rods and hooks; door handles, not of metal; towel dispensers, fixed, not of metal; costume display stands; umbrella stands; ladders of wood and plastics; decorations of plastic for foodstuffs; straws for drinking; slatted indoor blinds; mannequins; fans for personal use, non-electric

International Class 21

Non-electric utensils for household or kitchen use, namely, {indicate the specific type of non-electric utensils for household or kitchen use, e.g., spatulas, strainers, turners, sieves}; containers for household or kitchen use; combs; {indicate the specific type of sponges, e.g., bath, cleaning, scouring} sponges; brushes, except paint brushes, namely, {indicate the specific type of brushes, e.g., bath brushes, cleaning brushes for household use, cosmetic brushes}; brooms; bowls; articles for cleaning purposes, namely, {indicate the specific type of articles for cleaning purposes, e.g., cleaning cloths, cleaning sponges, cleaning rags}; steel wool; gloves for household purposes; cleaning cloths; chamois leather for cleaning; glass, unworked or semi-worked, except building glass; utensils for kitchen and tableware use of glass, porcelain and earthenware, namely, {indicate the specific type of utensils for kitchen and tableware use of glass, porcelain and earthenware, e.g., beverage glassware, glass dishes, fruit bowls of glass}; cooking pot sets; thermally insulated containers for food and beverages; drinking flasks for travelers; non-electric portable coolers; tableware, other than knives, forks and spoons, namely, {indicate the specific type of tableware, other than knives, forks and spoons, e.g., plates, bowls, drinking glasses}; vases; {indicate the type of candelabra, e.g., non-electric} candelabra; candle extinguishers; picnic baskets fitted with dishes; corkscrews; bottle openers; boxes of metal for dispensing paper towels; towel rails and rings; soap and toilet paper dispensers; toilet paper holders; chamber pots; drying racks for washing, namely, {indicate the specific type of drying racks for washing, e.g., clothes drying racks, dish drying racks}; clothes pegs; dust bins; ironing boards and ironing board covers; isothermic bags, namely, {indicate the specific type of isothermic bags, e.g., thermal insulated bags for food or beverages}; insect traps; flower pots; covers, not of paper, for flower pots; litter trays for pets; litter trays for pets; cages for household pets; indoor aquaria; combs for animals; watering devices, namely, {indicate the specific type of watering devices, e.g., water troughs, watering cans, watering pots}; gardening gloves; toothbrushes; floss for dental purposes; soap boxes; cosmetic utensils, namely, {indicate the specific type of cosmetic utensils, e.g., cosmetic brushes, microdermabrasion sponges for cosmetic use, non-woven fabric cosmetic wipes}; toilet sets consisting of {indicate the primary components of the toilet sets, e.g., toilet brushes, toilet brush holders, toilet sponges}; perfume vaporizers and atomizers, sold empty; portable baby bathtubs; shoe horns; piggy banks, not of metal; works of art of porcelain, terra-cotta and glass

International Class 24

Fabric, namely, {indicate the specific type of fabric, e.g., fabric for the manufacture of [indicate use], fabric for textile use, cotton fabric}; adhesive fabric for application by heat; upholstery fabrics; bed and household linen; table linen, not of paper; {indicate the specific type of sheets, e.g., bed, bath} sheets; pillowcases; bed covers; bath linen, except clothing; textile face cloths and towels; billiard cloth; wall hangings of textile; curtains of textile and plastic; tablecloths, not of paper; oilcloth for use as tablecloths; sleeping bags in the nature of sheeting; napkins, of cloth, for removing make-up; mosquito nets; labels of cloth; canvas for embroidery; loose covers for furniture, namely, {indicate the nature of the loose covers for furniture, e.g., unfitted furniture covers not of paper}; blinds of textile, namely, {indicate the specific type of blinds of textile, e.g., fabric window curtains and draperies}; handkerchiefs of textile

International Class 25

Clothing, namely, {indicate the specific type of clothing, e.g., shirts, pants, jackets}; knitwear, namely, {indicate the specific type of knitwear, e.g., knit bottoms, knit dresses, knit jackets}; underwear; ~~underwear~~; pajamas; dressing gowns; sweaters; skirts; frocks; trousers; jackets; coats; waterproof clothing, namely, {indicate the specific type of waterproof clothing, e.g., waterproof jackets and pants}; shirts; neckties; scarves; sashes for wear; belts; clothing gloves; braces for clothing; headgear for wear, namely, {indicate the specific type of headgear, e.g., hats, caps, berets, visors}; hats; caps; footwear; socks; stockings; tights; footwear excluding orthopedic footwear; slippers, boots; beach shoes, ski boots; boots for sports; bathing trunks and costumes; clothing for sports excluding diving clothing, namely, {indicate the specific type of clothing for sports, e.g., sports jerseys, sports vests, ski wear}; layettes; babies' diapers of textile; babies' pants

International Class 26

Haberdashery, except thread, namely, {indicate the specific type of haberdashery, e.g., beads other than for making jewelry}; lace trimmings; lace and embroidery; ribbons and braid; buttons; hooks and eyes; {indicate the specific type of pins, e.g., marking, sewing, safety} pins and needles; snap fasteners; artificial flowers and fruits; hooks and fasteners in the nature of {indicate the specific type of fasteners, e.g., buttons, snap fasteners, snap clips} for clothing; clothing buckles; ornamental novelty badges; hat ornaments not of precious metal; hair ornaments; hair bands and hair nets; hair pins and grips; barrettes; wigs; ~~embroidery~~; zip fasteners; shoe laces; buckles for footwear; fastenings for suspenders; belt clasps; elastic ribbons; lacework, namely, frills for attachment to clothing; haberdashery, namely, heat adhesive patches for decoration and repair of textile articles; spangles for clothing; sewing boxes

International Class 28

Games, namely, {indicate the specific type of games, e.g., board games, card games, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor}; toys, namely, {indicate the specific type of toys, e.g., dolls, action figures, electronic learning toys}; gymnastic and sporting articles except for swimming articles, clothing, footwear and mats, namely, {indicate the specific type of gymnastic and sporting articles, e.g., gymnastic apparatus, horizontal bars, basketballs, baseball bats}; rackets; parts of sports suits, namely, protective padding for playing {indicate specific sport, e.g., football, soccer, hockey}; shin guards, namely, {indicate the nature of the shin guards, e.g., shin pads for athletic use}; knee guards, namely, {indicate the nature of the knee guards, e.g., knee pads for athletic use}; nets for sports; archery implements; clay pigeon traps; targets, darts; fencing weapons; discuses for sports; skis; surf boards; skating boots with skates attached; ice skates; roller skates; skateboards; kites; ornaments for Christmas trees except illumination articles and confectionery; novelties for parties and dances, namely, {indicate the specific type of novelties for parties and dances, e.g., paper and plastic party hats, party games, party favors in the nature of crackers and noisemakers}; toy masks; swings; {indicate the specific type of “bowl” goods, e.g., bowling balls, bowling pins, bowling bags}; play balls and balloons; rocking horses; sports and play articles, namely, {indicate the specific type of swimming pools, e.g., play, inflatable} swimming pools; marbles and counters for games; plush toys; dolls and dolls' houses; puppets; dolls' clothes; toy figurines, namely, {indicate the specific type of toy figurines, e.g., Modeled plastic toy figurines, Attachable, wearable, magnetic toy figurines}; parlor games; building games; toy spinning tops; toy mobiles; toy vehicles; scooters; ~~roller skates~~; ~~skateboards~~; kites; games and game appliances other than those designed to be used only with television receiver, an external display screen or monitor, namely, {indicate the specific type of games and game appliances other than those designed to be used only with television receiver, an external display screen or monitor, e.g., Electronic games other than those adapted for use with television receivers only, Floor-standing units for playing electronic games other than in conjunction with a television or computer, Hand held units for playing electronic games other than those adapted for use with an external display screen or monitor}

International Class 35

Advertising; publication of publicity texts; direct mail advertising; bill posting, namely, {indicate the nature of the bill posting services, e.g., bill sticking, bill presentment services}; commercial and industrial management assistance; business management; business management assistance; efficiency experts; business consulting, information and inquiries; organization and management of shopping malls, namely, {indicate the specific type of services for the organization and management of shopping malls, e.g., business organization consulting for shopping malls}; professional business consultancy; office functions, namely, {indicate the nature of the services with respect to office functions, e.g., providing office functions, office functions in the nature of maintaining records of ownership of stocks, shares and securities}; secretarial services; bookkeeping; rental of office machines and apparatus excluding telecommunication apparatus and computers; rental of vending machines; arranging newspaper subscriptions for others; electronic newspaper subscription services; telephone subscription services; subscription services for subscribing to a wireless telephony service and to a radio-paging service; subscription services for subscribing to telecommunication services, a global telecommunication network in the nature of the Internet and private access networks in the nature of intranets; {indicate how access is provided to a computer telecommunications network and data transmissions network, e.g., arranging subscriptions} to a computer telecommunications network and data transmissions network; subscription services to a database and multimedia server center; services for subscribing to telematic services and data transmission services using telematic means; subscriptions to a central service providing access to a computer network or data communication network; subscriptions to {indicate the nature of the services featuring the television or radio programs, to video recordings, sound recordings, audiovisual programs, e.g., television and radio broadcasting} featuring television and radio programs, video recordings, sound recordings and audiovisual programs; subscriptions to computer databases; goods import-export agencies; commercial information agencies; cost price analysis; market study; market research; opinion polling, namely, {indicate the specific type of opinion polling, e.g., public opinion polling, market opinion polling studies}; price comparison services; compilation of statistics; public relations; demonstration of goods, namely, {indicate the specific type of services for the demonstration of goods, e.g., product demonstration}; presentation of goods on any communication media for retail purposes, namely, sales promotion; commercial information and advice for consumers; administrative processing of purchase orders; organization of exhibitions and trade fairs for commercial or advertising purposes; computerized file management; compilation and systemization of data into computer databases; data search in computer files for others, namely, {indicate the particular type of data search in computer files for others, e.g., market research by means of a computer database}; document reproduction; bringing together, for the benefit of others, of a variety of goods, excluding transport, enabling customers to examine and conveniently view and purchase those goods, retail {indicate the specific type of retail services, e.g., store services}, wholesale {indicate the specific type of wholesale services, e.g., ordering services, stores, distributorships}, mail order services, Internet retail {indicate the specific type of retail services, e.g., store services}, wholesale {indicate the specific type of wholesale services, e.g., ordering services, stores, distributorships} and {indicate the specific type of electronic means for remote ordering, e.g., computerized online ordering services} featuring bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations and products, stain removers, fabric softeners, laundry blueing, soap, perfumes, toilet water, perfumery in the nature of deodorants for personal use, cosmetics, preparations for hair care, hair dyes, shampoos, dentifrices, mouth washes not for medical purposes, depilatories, make-up and make-up removing preparations, shaving preparations, toiletries, nail varnish and preparations for removing nail varnish, cosmetic preparations for baths and for skin tanning, toiletry swabs, cotton wool for cosmetic purposes, tissues impregnated with cosmetic lotions, cosmetic preparations for skin tanning in the nature of sunscreens, shampoos for pets, incense, scented wood, fragrances in the nature of potpourris, lighting in the nature of candles and wicks, tapers, perfumed candles, grease for leather, foodstuffs and lacteal flour for babies, antiseptic cotton not impregnated with preparations for treating acne or similar skin conditions, cotton wool not impregnated with preparations for treating acne or similar skin conditions, sanitary pads, napkins and panties, breast-nursing pads, sterilizing preparations, metal construction materials, ladders of metal, non-electric cables and wires of common metal, non-electrical locksmithing articles, hardware of metal, chains of metal, rings of metal, hinges of metal, keys, padlocks, metal boxes, crates, bins, baskets and containers, clothes hooks of metal, works of art of common metal, hand-held tools not manually driven, electro-mechanical apparatus for the preparation of foodstuffs and beverages, electric machines and food processors, sewing and knitting machines, hand-operated hand tools and implements, non-electric cutlery, table forks, spoons other than for fishing and for medicines, scissors, hand-operated hand tools and implements for gardening, mechanical tools for chopping and cutting foodstuffs, non-electrical can openers, nutcrackers, razors, razor blades, nail nippers and files, nail clippers, manicure and pedicure sets, electric and non-electric hair clippers for personal use, electric or non-electric depilation appliances, hair-removing tweezers, scientific other than medical, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, supervision checking and life-saving apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, material for electricity mains in the nature of wires, cables, electric switches, plugs, sockets and other contacts, fuses, socket covers, electric batteries, batteries for lighting, electric flat irons, apparatus for recording, transmission or reproduction of sound or images, magnetic recording media, sound recording, magnetic and optical disks, audio and video compact disks, video tapes, facsimile machines, telephone apparatus, adaptors designed for telephones, battery chargers for telephones, bags, covers and cases for mobile telephones and telephone equipment, telephone answering machines, antennas, projection apparatus and screens, photography flash-bulbs, exposed films, cases especially made for photographic apparatus and instruments, dictation machines, cash registers, calculating machines, data processing apparatus, computers, computer peripheral devices, computer software, floppy disks, modems, electronic agendas, apparatus for games adapted for use only with television receivers, independent display screens or monitors, video game cartridges, binoculars, optics in the nature of spectacles, spectacle cases, integrated circuit cards in the nature of smart cards, magnetic cards, telephone cards, directional compasses, swimming belts and jackets, diving masks and wet suits, weighing scales, protective helmets, protection devices for personal use against accidents, nets for protection against accidents, clothing for protection against accidents, irradiation and fire, barometers, fire extinguishers, egg-timers, electric locks, electric door bells, alarms, ornamental magnets, feeding bottles, feeding bottle teats, spoons for administering medicine, droppers for medical purposes, pacifiers for babies, breast-feeding teats made of latex or silicone; teething rings, nursing appliances, breast pumps, thermometers for medical purposes, maternity belts, umbilical belts, nasal aspirator devices, apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, disinfecting, water supply, apparatus for air deodorizing and purification, electric fans for personal use, water purifying apparatus, sterilizers, electric heaters for feeding bottles, ice chests, hair dryers, electric laundry dryers, light bulbs and electric lamps, vehicles, apparatus for locomotion by land, air and water, bicycles, goods handling carts, vehicles in the nature of trailers, sun-blinds adapted for automobiles, windshield wipers, inner tubes and spikes for wheel tires, wheel tires, head restraints and safety belts for vehicle seats, children's safety seats for vehicles, bicycle pumps, baby carriages, scooters, vehicle covers, seat covers for vehicles, luggage carriers, bicycle racks, ski-carriers for vehicles, strollers, anti-theft devices for vehicles, shopping trolleys, fireworks, firecrackers, jewelry products, jewel cases of precious metal, presentation cases, horological and chronometric instruments, watches and watch bands, cuff links, tie pins, key rings in the nature of trinkets and fobs, boxes of precious metal, statuettes of precious metal, works of art of precious metal and of precious stones, musical instruments and component parts of musical instruments, musical boxes, bridges for musical instruments, tuning forks, cases for musical instruments, paper, unprocessed and semi-processed cardboard, cardboard for stationery use, cardboard articles, paper and plastic packaging bags, pouches and sheets, stationery paper sheets, printed matter, bookbinding articles, photographs, stationery, adhesive glues for stationery or household purposes, artists' materials, paintbrushes, paint boxes for use in school, typewriters and office requisites except furniture, instructional and teaching material except apparatus, school supplies, envelopes, files, scrapbooks, books, periodicals, almanacs, pamphlets, writing or drawing books, calendars, lithographs, engravings, paintings, posters, geographical maps, newspapers, mailers, paper tissues for removing make-up, babies' napkin-pants in the nature of diaper-pants of paper and cellulose, decalcomanias, garbage bags of paper or of plastics, bags for microwave cooking, signboards of paper and cardboard, toilet paper, table linen of paper, hand towels, handkerchiefs of paper, greeting cards, postcards, sewing patterns, terrestrial globes, sealing and insulating gaskets, elastic and plastic threads and yarns not for textile use, leather and imitations of leather, animal skins, pelts and hides, trunks, suitcases and small cases, sun umbrellas, umbrellas, parasols and walking sticks, whips, harnesses and saddlery, handbags, beach bags, bags, traveling sets and trunks, vanity cases not fitted, cosmetic sets, shopping nets and bags, backpacks, sports bags except those adapted to the product that they are intended to contain, wheeled bags, garment bags for travel, school bags, wallets, card cases in the nature of wallets, attaché cases, leather key cases, purses, empty tool set bags, hat boxes of leather, satchel bags and slings for carrying children, collars and clothing for animals, non-metal construction materials, cement, coatings, plaster, building timber, veneer, bricks, surfacings for building, non-metal floor tiles, non-metal chimneys, non-metal windows and doors, non-metal and non-textile outdoor blinds, swimming pools, non-metallic transportable constructions, aquaria structures, furniture, display stands, looking glasses in the nature of mirrors, frames except construction frames, works of art made of wood, wax, plaster, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, substitutes for all these materials and plastic, non-metallic baskets and trays, packaging containers of plastic, boxes of wood and plastic, houses and beds for household pets, display boards, vise benches, embroidery frames, signboards of wood and plastics, non-metallic and non-electrical metal work, non-metallic hinges and pegs, playpens for babies, bassinettes, infant walkers, non-metal duckboards, bedding material excluding linen, sleeping bags for camping, cushions, pillows, bolsters, bed bases, mattresses, clothes hangers and covers, curtain rings, rods and hooks, non-metal door handles, fixed non-metal towel dispensers, bottle racks, bottle stoppers, non-metal broom handles, umbrella stands, ladders of wood and plastics, decorations of plastic for foodstuffs, straws for drinking, slatted indoor blinds, mannequins, fans for personal use, non-electric utensils and containers for household or kitchen use, combs and sponges, brushes except paintbrushes, brooms, basins, material for brush-making, articles for cleaning purposes, steel wool, gloves for household purposes, cleaning cloths, chamois leather for cleaning, utensils for kitchen and tableware use of glass, porcelain and earthenware, cooking pot sets, drinking flasks for travellers, non-electric portable coolers, tableware other than knives, forks and spoons, vases, candle holders, fitted picnic baskets including dishes, bottle openers, soap and toilet paper dispensers, toilet paper roll holders, chamber pots, drying racks for washing, clothespins, trash cans, ironing boards and ironing board covers, isothermic bags, insect traps, flower pots, flower-pot covers not of paper, sprinkling devices, gardening gloves, toothbrushes, soap boxes, cosmetic utensils, toilet sets, perfume vaporizers and atomizers, portable baths for babies, piggy banks, not of metal, works of art, of porcelain, terra-cotta or glass, ropes neither made of rubber, nor intended as strings for rackets or musical instruments, string, tents, tarpaulins neither as safety tarpaulins, nor as pushchair covers, bags and pouches for packaging made of textiles, padding and stuffing materials except of rubber and plastics, hammocks, non-metal thread for wrapping and binding, yarns and threads for textile use, spun wool, elastic and plastic threads and yarns for textile use, fabrics, bed and household linen, table linen not of paper, bath linen except clothing, wall hangings of textile, sheeting in the nature of sleeping bags, textile tissues for removing make-up, mosquito nets, household linen, labels of cloth, blinds of textile, handkerchiefs of textile, clothing, belts, clothing gloves, suspenders, hats, footwear, socks, stockings, tights, footwear excluding orthopedic footwear, slippers, boots, inner soles, beach shoes, ski boots, sports footwear, bonnets, bathing suits and trunks, clothing for sports excluding diving clothing, sleeping masks, haberdashery except thread, lace trimmings, lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, artificial flowers and fruits, ornamental novelty badges, hat ornaments not of precious metal, hair ornaments, hair bands and hair nets, hair pins and grips, barrettes, wigs, zip fasteners, shoe laces, haberdashery in the nature of heat adhesive patches for decoration or repair of textile articles, sewing boxes, carpets, rugs, mats and matting, linoleum and other materials for covering floors excluding floor tiling and paint, non-textile wall hangings, bath mats, gymnastic mats, non-slip mats, games, toys, practical jokes in the nature of novelties, ornaments for Christmas trees except illumination articles and confectionery, party favors, toy masks, kites; playing cards, gymnastic and sporting articles except for swimming articles, clothing, footwear and mats, rods for fishing, exercisers and body-building apparatus, toys for domestic pets, coin-operated amusement machines, games and games apparatus other than those designed to be used only with television receivers, separate display screens or monitors, meat, fish, poultry and game, preserved, frozen, dried and cooked fruits and vegetables, fruit pulp and salads, vegetable salads, canned meat, fish, vegetables and fruit, jams, marmalades, stewed fruit, jellies for food, soups, eggs, milk, butter, cream, yoghurts, cheese and other dairy products, edible oils and fats, coffee, tea, cocoa, chocolate, chocolate goods, beverages made with coffee, tea, cocoa, chocolate, non-medicinal infusions, sugar, rice, pasta, semolina, flours and cereal preparations, bread, pastry, confectionery, edible ices, honey, salt, mustard, vinegar, condiments in the nature of sauces, sandwiches, pizzas, agricultural, horticultural and forestry products neither prepared nor transformed, sowing seeds, fresh fruits and vegetables, trees, shrubs, natural plants and flowers, Christmas trees, mineral and aerated waters and other non-alcoholic drinks

International Class 41

Education services, namely, providing {indicate form of educational activity, e.g., classes, seminars, workshops} in the field of {indicate subject matter or field of educational activity}; providing of training in the field of {indicate the subject matter of the training}; practical training, namely, educational demonstrations; entertainment services, namely, {indicate the specific type of entertainment services, e.g., live performances by musical bands, preparation of special effects, conducting contests}; amusement parks; sporting activities, namely, {indicate the specific type of sporting activities, e.g., organization of sports competitions, sport camp services, sports instruction services}; providing sports facilities; organization of sports competitions; entertainment and education services, namely, {indicate the specific type of club services, e.g., night, country, fan} club services; cultural activities, namely, {indicate the specific type of cultural activities, e.g., organization of exhibitions for cultural purposes, organizing cultural events}; publication of books and reviews; publication of texts other than advertising texts; lending libraries; electronic desktop publishing; publication of electronic books and journals on-line; providing online non-downloadable electronic publications in the nature of {indicate specific nature of publication, e.g., books, magazines, journals} in the field of {indicate subject matter of publication}; on-line library services, namely, providing electronic library services which feature electronic {indicate the nature of the information, e.g., books, magazines, newspapers, audio and video {indicate the nature of the information, e.g., books} and {indicate the nature of the data, e.g., photographs, pictures}, games and entertainment {indicate the nature of the entertainment goods, e.g., magazines, books, photographs, pictures}; game services provided on-line from a computer network, namely, {indicate the specific type of game services provided on-line from a computer network, e.g., providing online computer games, providing online video games, providing online electronic games}; music composition for others; {indicate the specific type of shows, e.g., television} show and film production; rental of motion picture films, video recorders, television sets, video tapes, phonograph recordings, sound recordings, audio equipment, video cameras, video recorders, radio and television sets, cinematographic projection apparatus, cinematographic apparatus and accessories and theater and show sets; rental of sports equipment except vehicles and underwater diving equipment; organization of competitions in the field of education and entertainment, namely, {indicate the specific type of competitions in entertainment, e.g., athletic competitions, culinary competitions}; arranging and conducting of {indicate the nature of the colloquiums, conferences and congresses, e.g., educational} colloquiums, conferences and congresses in the field of {indicate the subject matter of the colloquiums, conferences and congresses}; organization of exhibitions for cultural or educational purposes; booking of seats for shows, entertainment, sports and cultural events; ticket agency services for entertainment events; operating lotteries; information on educational and entertainment events; radio and television entertainment, namely, {indicate the specific type of radio and television entertainment, e.g., an on-going series featuring [indicate subject matter] provided through [indicate broadcast medium, e.g., cable television, webcasts, radio broadcasts], distribution of radio programs for others}; production of radio and television programs; digital imaging services; photography; photographic reporting; news reporters services; videotaping; video tape editing; microfilming for others; translation; conferencing services, namely, {indicate the specific type of conferencing services in International Class 41, e.g., arranging and conducting educational conferences}; entertainment services, namely, providing digital non-downloadable prerecorded music from the Internet; entertainment services, namely, providing digital non-downloadable prerecorded music in MP3 format from websites on the Internet

Identification of Goods and Services Advisories:

1. Refer to the Manual of Acceptable Identifications of Goods and Services for Assistance

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. See TMEP §1402.04.

2. Broadening the Scope of the Goods and/or Services is Not Permitted

Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

3. Classification for Goods and/or Services Cannot be Changed in Section 66(a) Applications

The international classification of goods and/or services in applications filed under Trademark Act Section 66(a) cannot be changed from the classification given to the goods and/or services by the International Bureau in the corresponding international registration. TMEP §§1401.03(d), 1904.02(b).

ADVISORY: RESPONDING TO THIS OFFICE ACTION

To expedite prosecution of this application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/teas/index.html.

ASSISTANCE: If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.

/Tina Brown/

Examining Attorney, Law Office 105

U.S. Patent & Trademark Office

Phone: (571) 272-8864

Email: tina.brown@uspto.gov

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.