UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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APPLICATION SERIAL NO. 79104049
MARK: AUSTRALIA UNLIMITED AUSTRALIAN
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: The Crown in the Right of the Commonweat ETC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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.
INTERNATIONAL REGISTRATION NO. 1094550
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 issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
SEARCH RESULTS
SECTION 2(b) REFUSAL TO REGISTER- COAT OF ARMS
The attached evidence from USPTO’s X-Search shows that the applied-for mark includes the coat of arms from the Commonwealth of Australia.
Flags and coats of arms of governments are designs that have been formally adopted to serve as emblems of governmental authority. U.S. Navy v. U.S. Mfg. Co., 2 USPQ2d 1254 (TTAB 1987); In re U.S. Dep’t of the Interior, 142 USPQ 506 (TTAB 1964); TMEP §1204.02(a).
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.
Applicant must respond to the requirement(s) set forth below.
DISCLAIMER
Applicant must disclaim the descriptive wording “AUSTRALIA” and “AUSTRALIAN GOVERNMENT” apart from the mark as shown because it merely describes an ingredient, quality, characteristic, function, feature, purpose or use of applicant’s goods and/or services. See 15 U.S.C. §§1052(e)(1), 1056(a); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005); In re Gyulay, 820 F.2d 1216, 1217-18, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987); TMEP §§1213, 1213.03(a).
Specifically, the attached Internet evidence shows that AUTRALIA means, “The world's smallest continent, southeast of Asia between the Pacific and Indian oceans.” The wording AUSTRALIAN GOVERNMENT refers to, “The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy.” Therefore, the wording merely describes the geographic origination of the goods as well as the source of the goods.
The following cases further explain the disclaimer requirement: Dena Corp. v. Belvedere Int’l Inc., 950 F.2d 1555, 21 USPQ2d 1047 (Fed. Cir. 1991); In re Kraft, Inc., 218 USPQ 571 (TTAB 1983).
The following is the standard format used by the Office:
No claim is made to the exclusive right to use “AUSTRALIA" and "AUSTRALIAN GOVERNMENT” apart from the mark as shown.
TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
IDENTIFICATION OF GOODS/SERVICES
Furthermore, the identification of goods and/or 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/or services and incorporate the parenthetical information into the description.
Applicant may adopt the following identification, if accurate:
International Class 009: Computer software for {specify the function of the programs, e.g., use in database management, use as a spreadsheet, word processing, etc. and, if software is content- or field-specific, the content or field of use} for business, home, education, and developer use; non-processed blank compact discs for audio or video; encoded magnetic cards in the nature of {indicate, e.g. magnetically coded stored value gift cards}; flash memory cards; microchip cards; magnetically encoded credit cards, pre-paid telephone calling cards being magnetically encoded, magnetically encoded automated teller machine cards, {indicate common commercial name for “travel and entertainment, cheque guarantee”} and magnetically encoded debit cards; pre-recorded video disks featuring {indicate subject matter}; blank magnetic computer tapes; magnetic computer tapes prerecorded with {indicate subject matter}; blank magnetic disks; magnetic disks prerecorded with {indicate subject matter}; blank optical disks; optical disks prerecorded with {indicate subject matter}; compact disks and CD-ROMs recorded with animation; pre-recorded DVDs featuring {indicate subject matter}; downloadable audio and video files, movies, pod casts and audio books featuring {indicate subject matter} via the Internet, wireless devices; all featuring music, movies, videos, television, celebrities, sports, news, information, history, science, politics, finance, fashion, animation, culture, tourism, current events or topics relating to or promoting Australia or the services of the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Parliamentary Services, the Department of Agriculture, Fisheries and Forestry, the Department of the Attorney-General, the Department of Broadband, Communication and the Digital Economy, the Department of Climate Change and Energy Efficiency, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Finance and Deregulation, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Human Services, the Department of Immigration and Citizenship, the Department of Infrastructure, Transport, Regional Development and Local Government, the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Department of Resources, Energy and Tourism, the Department of Treasury, and the Courts
International Class 16: Paper, cardboard and goods made from these materials, namely, {indicate specific goods “not included in other classes,” e.g. paper calendars}; printed matter, namely, {indicate specific goods}’; and publications, namely, {indicate specific goods and subject matter featured, e.g. books in the field of math}; bookbinding material; photographs; stationery; printed instructional and teaching material in the field of {indicate subject matter}; presentation folders; maps; plastic materials for packaging, namely, {indicate, e.g. plastic bags, plastic bubble packs}; souvenir programs made of paper or cardboard concerning {indicate subject matter or event}; newsletters in the field of {indicate subject matter}; newspapers; {indicate type, e.g. postage, rubber, date} stamps; all relating to or promoting Australia or the services of the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Parliamentary Services, the Department of Agriculture, Fisheries and Forestry, the Department of the Attorney-General, the Department of Broadband, Communication and the Digital Economy, the Department of Climate Change and Energy Efficiency, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Finance and Deregulation, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Human Services, the Department of Immigration and Citizenship, the Department of Infrastructure, Transport, Regional Development and Local Government, the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Department of Resources, Energy and Tourism, the Department of Treasury, and the Courts
International Class 35: Advertising; promotion and advertising services in relation to Australia and the services of the Commonwealth Government; business management and business administration services, including consultation in the realisation and organisation of fairs, trade shows and exhibitions; market research and market analysis services; business information and consultancy services; coordinating and conducting trade shows, namely, trade shows relating to tourism, the Australian tourist industry, travel and holidays; provision of economic and business information in relation to national and international conferences, meetings and discussion groups concerning Australian economic matters, including providing such information via a global computer information network; public opinion polling and surveys, namely, provision of election and voting services; public opinion polling services relating to the conducting parliamentary elections and referendums; public opinion polling and surveys, namely, provision of industrial election and voting services; public opinion polling and surveys, namely, provision of international election and voting services; public opinion polling and surveys, namely, provision of electronic voting services; compilation of medical reports; all relating to Australia or the services of the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Parliamentary Services, the Department of Agriculture, Fisheries and Forestry, the Department of the Attorney-General, the Department of Broadband, Communication and the Digital Economy, the Department of Climate Change and Energy Efficiency, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Finance and Deregulation, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Human Services, the Department of Immigration and Citizenship, the Department of Infrastructure, Transport, Regional Development and Local Government, the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Department of Resources, Energy and Tourism, the Department of Treasury, and the Courts
International Class 36: Insurance and financial services, namely, {indicate type of services, e.g. claims administration in the field of} workers’ compensation, healthcare insurance underwriting, financial investment in the field of {indicate, e.g. real estate, securities} and {indicate common commercial name for “superannuation services”}; banking and monetary affairs, namely, credit card, mortgage {indicate type of services, e.g. lending} and loan services, {indicate common commercial name for “devising and implementing monetary policies and systems”}; trusteeship representative services; financing activities relating to services provided by the Commonwealth Government; real estate affairs, namely, arranging of rental agreements for rental of property for use by Commonwealth Government personnel; all relating to Australia or the services provided by the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Agriculture, Fisheries and Forestry, the Department of Broadband, Communication and the Digital Economy, the Department of Climate Change and Energy Efficiency, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Finance and Deregulation, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Human Services, the Department of Infrastructure, Transport, Regional Development and Local Government, the Department of Innovation, Industry, Science and Research, the Department of Resources, Energy and Tourism and the Department of Treasury; information and advisory services relating to Australia including trade with Australia and foreign investment in Australia; consultancy services relating to the foregoing
International Class 37: Building construction services and repair and {indicate what is being installed, e.g. insulation} installation services relating to the promotion of Australia or the services provided by Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department Agriculture, Fisheries and Forestry, the Department of Broadband, Communication and the Digital Economy, the Department of Climate Change and Energy Efficiency, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Health and Ageing, the Department of Infrastructure, Transport, Regional Development and Local Government and the Department of Resources, Energy and Tourism; installation, maintenance and repair services in relation to energy or electricity; installation of storage facilities, pipelines and electricity generators; all of the above services also being provided to disadvantaged communities
International Class 38: Telecommunications access services; television program broadcasting, broadcasting of television programs being live and recorded; cellular telephone communication; communications via electronic computer terminals, communication by providing electronic transmission of information stored in databases via interactively communicating computer systems, and communications via telecommunication networks linked to the Internet; communications via telephone and fax machine; radio-paging; communications via teleconferencing; television broadcasting; radio broadcasting; press agency services, namely, {indicate specific services}; electronic message transmission services; {indicate common commercial name for “dissemination of a commercial and non-commercial sites on the Internet”}; radio and television broadcasting services provided by means of the Internet; electronic mail; providing telecommunication access to telecommunication networks featuring computer newsletters and providing access to on-line chat rooms for transmission of messages among computer users concerning {indicate field or subject of chat room}; transmission of messages-and images by computer; provision of access to the Internet for the purpose of purchasing and ordering services via computer and/or interactive communication technologies; {indicate common commercial name for “telecommunication of information (including web pages), computer programmes and all other data,” e.g. telecommunication services, namely, transmission of information via telecommunication networks, broadcasting computer programs via global computer networks}; electronic mail services; provision of access to the Internet for users; services providing telecommunication connections to the Internet or to databases; providing access to the Internet for the purpose of accessing digital music web sites on the Internet; provision of access to the Internet for the purpose of accessing MP3 web sites on the Internet; rental of access time to global computer networks featuring a central database; {indicate common commercial name for “providing access to search engines”}; {clarify “running discussion forums on the Internet,” e.g. providing discussion forums for transmission of messages among computer users, on the Internet}; rental of access time to global computer networks featuring a central database server; rental of access time to global computer networks featuring a computer database; all relating to Australia or the services provided by the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Parliamentary Services, the Department of Agriculture, Fisheries and Forestry, the Department of the Attorney-General, the Department of Broadband, Communication and the Digital Economy, the Department of Climate Change and Energy Efficiency, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Finance and Deregulation, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Human Services, the Department of Immigration and Citizenship, the Department of Infrastructure, Transport, Regional Development and Local Government, the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Department of Resources, Energy and Tourism, the Department of Treasury, and the Courts;
International Class 39: Transport, namely, {indicate type, e.g. air transport, car transport}; packaging articles to the order and specification of others and storage of goods; travel arrangement; warehousing; rental of warehousing; freight forwarding; freight and transport brokerage; vehicle rental; storage services for media containing still and moving images; national and international mail delivering and postal services; postal services, namely, delivery and collection services including national and international mail, parcel and freight delivery services; delivery of goods and {clarify “provision of documentation,” e.g. document delivery} and other freight forwarding in the nature of arranging transportation of goods by a third party, arranging warehousing by a third party and {clarify “acting as a central coordinating service”}; national and international courier services; logistics services consisting of the storage, transportation and delivery of goods; consulting in the field of storage of goods and transport logistics consulting services; transportation services, namely, national and international transportation services by air, rail, road and sea; storage services of goods; warehousing services; {indicate common commercial name for “picking”} and packing; packaging of articles to the order and specification of others; packaging of goods to the order and specification of others for re-sale; distribution of goods, namely, cargo loading and unloading; {clarify and indicate common commercial name for “Storage and transport of goods logistics support services for all the aforementioned services, including planning, implementation, management and control of all details involving the transportation, transfer and storage of goods via information nationally and internationally, as well as arranging transport and warehousing by other parties and acting as a central coordinator for the transportation of goods,” e.g. storage and transportation of goods logistics support services, namely, [clarify “planning, implementation, management and control of all details involving the transportation, transfer and storage of goods via information nationally and internationally, as well as arranging transport and warehousing by other parties and acting as a central coordinator for the transportation of goods, e.g. arranging for national and international transport, storage, and warehousing of goods], for the aforementioned services}; delivery of goods and collection of {indicate, e.g. garbage, historical records and documents} including providing these services via secure identity verification; all relating to Australia or to services provided by the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Agriculture, Fisheries and Forestry, the Department of Defence, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Finance and Deregulation, the Department of Foreign Affairs and Trade, the Department of immigration and Citizenship, the Department of Infrastructure, Transport, Regional Development and Local Government and the Department of Resources, Energy and Tourism
International Class 40: Treatment of materials, namely, recycling of heat, oil spills, liquids, chemicals, paper, cardboard, plastics, cloth, wool and textiles, cooked foods, effluent, hazardous materials, waste and substances, industrial waste and toxic materials; chemical treatment of waste products; waste treatment, including reclamation and transformation; electrochemical treatment of textiles; gas processing and treatment; information relating to treatment of materials; providing information, including online, about treatment of materials; laser treatment of metals; preservation treatment of wood and timber; rental of water treatment equipment; sewage treatment; purification of water; treatment of surfaces being the application of non-slip coatings, plastic coatings, protective coatings, and wear resistant coatings to {indicate specific item coatings are applied to}, excluding paints; all relating to Australia or to services provided by the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Agriculture, Fisheries and Forestry, the Department of Environment, Water, Heritage and the Arts, the Department of Innovation, Industry, Science and Research and the Department of Resources, Energy and Tourism
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}; training services in the field of {indicate field or subject matter}; entertainment, namely, {indicate specific service, e.g. circuses}; {indicate specific “sporting, tourism and cultural activities, televised cultural, tourism and sporting entertainment,” e.g. entertainment in the nature of basketball games, organization of cultural shows}; {clarify “organization of cultural, trade, scientific, sporting and educational exhibitions,” e.g. organization of exhibitions for cultural or educational purposes; organization of exhibitions for cultural or educational purposes in the field of [indicate specific trade], science, and sports}; organization of lotteries and {indicate type, e.g. athletic} competitions; betting and {indicate type, e.g. casino} gaming services linked to or in connection with sports; entertainment services, namely, {indicate specific services, e.g. basketball games}, provided at sports, cultural or tourism events or concerning sports, culture or tourism events; organization of {indicate specific “sporting, tourism and cultural activities and events,” e.g. golf tournaments, cultural shows}; organization of sports and{clarify “tourism”} competitions; providing recreation facilities for use in sports, cultural and tourism; audio and video equipment rental services; production, {clarify “presentation”} and distribution of films and video and audio recordings in the field of {specify subject matter, e.g. education, fashion}; rental of films and video and audio recordings; {clarify “presentation, provision of and/or rental of interactive educational and entertainment products, interactive compact discs, CD-ROMs, computer games,” e.g. rental of music records on interactive compact discs and CD-ROMs, rental of computer game software, entertainment in the nature of providing an on-line computer game}; {indicate common commercial name for “dissemination of entertainment material relating to radio broadcast and televised sports, tourism and cultural events”}; production of radio, television programs, and video tapes; booking of tickets for shows, cultural, tourism and sporting events; interactive entertainment, namely, {indicate specific services, e.g. providing temporary use of non-downloadable interactive games}; information on entertainment, on organizing cultural exhibitions, on {clarify “tourism”} and on education, provided online from a data bank or from the Internet; providing non-downloadable electronic publications in the nature of {indicate} in the field of {indicate subject matter}, online; publication of books, maps, magazines and texts other than advertising texts and periodicals; publication of books, magazines and texts other than advertising texts and electronic magazines online; provision of an Internet website portal featuring digital music; entertainment services, namely, providing non-downloadable playback of digital music via global communications networks from MP3 Web sites on the Internet; providing information in the field of sports, cultural events, {clarify “tourism”} and education in Australia and events relating thereto; rental of recorded sounds and images; audio recordingproduction services; providing information in the field of sports, cultural events, {clarify “tourism”} and education in Australia provided online from a computer database or from the Internet; {indicate type, e.g. video} editing and {indicate type, e.g. book} publishing services; entertainment services, namely, providing non-downloadable pre-recorded digital music on-line via a global computer network; entertainment services, namely, coordinating and conducting fairs not for commercial purposes, and cultural and education exhibitions pertaining to tourism, the Australian tourist industry, travel and holidays; provision of information in the field of entertainment in relation to national and international conferences, meetings and discussion groups concerning Australian tourism, Australian culture, Australian civic matters, Australian sport and Australian politics, including providing such information via a global computer information network; vocational rehabilitation services in the nature of providing vocational guidance; {indicate common commercial name for “SIMULTANEOUS distribution via electronic interconnections using the Internet, of films and video and audio recordings”}; provision of information about education in relation to national and international conferences, meetings and discussion groups concerning Australian, scientific matters, including providing such information via a global computer information network; all relating to Australia or to services provided by the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Parliamentary Services, the Department of Agriculture, Fisheries and Forestry, the Department of the Attorney-General, the Department of Broadband, Communication and the Digital Economy, the Department of Climate Change and Energy Efficiency, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Finance and Deregulation, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Human Services, the Department of Immigration and Citizenship, the Department of Infrastructure, Transport, Regional Development and Local Government, the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Department of Resources, Energy and Tourism, the Department of Treasury, and the Courts; information and consultancy services relating to the aforementioned services
International Class 42: Scientific {indicate type of services, e.g. research}, industrial {indicate type of services, e.g. design} and technological {indicate type and field, e.g. consulting in the technology field of [indicate, e.g. computer hardware systems]} services and {indicate type, e.g. scientific} research and design for others in the field of {indicate} relating thereto; carrying out scientific laboratory analyses; industrial analysis and research services, namely, {indicate specific analysis and research services, e.g. chemical analysis, industrial research in the field of [indicate field]}; design and development of computer hardware and software, including computer software relating to national and international conferences, meetings and discussion groups concerning Australian tourism, cultural, scientific, economic, civic, sport and political matters; computer programming services provided in relation thereto; all relating to Australia or to services provided by the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Parliamentary Services, the Department of Agriculture, Fisheries and Forestry, the Department of the Attorney-General, the Department of Broadband, Communication and the Digital Economy, the Department of Climate Change and Energy Efficiency, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Finance and Deregulation, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Human Services, the Department of Immigration and Citizenship, the Department of Infrastructure, Transport, Regional Development and Local Government, the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Department of Resources, Energy and Tourism, the Department of Treasury, and the Courts
International Class 43: Services for providing food and drink; temporary accommodation; {clarify “providing facilities for co-ordinating and conducting exhibitions trade fairs and shows relating to Australia or to the activities of the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Agriculture, Fisheries and Forestry, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Immigration and Citizenship, the Department of Resources, Energy and Tourism,” e.g. providing facilities for exhibitions and trade fairs relating to Australia or to the activities of the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Agriculture, Fisheries and Forestry, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Immigration and Citizenship, the Department of Resources, Energy and Tourism}; cafe, restaurant, bar, snack bar and hotel accommodation services in this class relating to Australia or to the activities of the Commonwealth Government Department of Agriculture, Fisheries and Forestry, the Department of Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Immigration and Citizenship, the Department of Resources, Energy and Tourism, namely, making computerized reservations of {indicate, e.g. hotels, restaurants}, {indicate common commercial name for “ticketing services”}, arranging of temporary accommodation services, reservation of {indicate, e.g. temporary lodging} and booking of {indicate, e.g. restaurants and meals} services, booking of catering services; information and consultancy services relating to the aforementioned services
International Class 44: Medical services, including advisory services relating to medical problems and services; aged care medical and nursing services; medical diagnostic testing services, namely, analysis of tissues for medical treatment; providing medical services for charitable purposes; consultancy and advisory services in relation to medical services; medical lifestyle counseling services; {clarify “location of medical facilities for emergency medical treatment,” e.g. emergency medical services}; operation of medical clinics; medical diagnostic testing services; providing information including online, about medical and veterinary services; rental of medical apparatus; medical services for use in rescue operations in the nature of providing medical aid and resuscitation; respite care, namely, medical and nursing services; veterinary services; hygienic and beauty care for human beings or animals; agriculture services, namely, {indicate particular services, e.g. agricultural advice}, horticulture services, and forestry services, namely, {indicate specific services, e.g. pest control services}; all relating to Australia or to the activities or the services of the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Agriculture, Fisheries and Forestry, the Department of Defence, Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Health and Ageing, the Department of Immigration and Citizenship or the Department of Innovation, Industry, Science and Research
International Class 45: Legal services, including legal research and legal consultancy services; legal services, namely, initiation of legal proceedings for protection of intellectual property rights and the prevention of counterfeiting; licensing of intellectual property rights; security guard services for the protection of property and individuals; personal {indicate type of services, e.g. body guarding} and {indicate type of “social services,” e.g. online social networking services, social networking for individuals} rendered by others to meet the needs of individuals; providing security information in the field of {indicate, e.g. personal physical security, homeland security}; police protection services and providing police protection information services in this class, including such services relating to high tech crime; emergency services, namely, fire fighting services; {clarify “provision of legal advice to individuals, including national telephone advisory services and telephone interpretation services as well as sign language services,” legal services, namely, providing legal advice to individuals, providing legal advice via a national telephone advisory service, providing legal advice in sign language}; alternative dispute resolution services, namely, provision of assistance to individuals to resolve disputes; {clarify “security vetting,” e.g. baggage inspection services for security purposes} and background checking investigation services, including the provision of such services for the aviation and maritime industries; background investigation services comprised of provision of criminal record and identity checking services; provision of security clearance services for preparation of identification cards; {clarify “provision of security identification services,” e.g. security clearance for preparation of identification cards}; {indicate common commercial name for “security checking information provided via a secure website”}; defense services, namely, {indicate, e.g. security guard services}; personal and social services, namely, {indicate type, e.g. grief} counseling and {indicate common commercial name for “referral services”}; {indicate common commercial name for “provision of community crime solution services to receive information on criminal activity; provision of information in relation to crime prevention and community crime solution service;”} all such services offered on-line; all relating to Australia or the activities or services provide by the Commonwealth Government, it's statutory agencies and authorities, Commonwealth controlled or owned companies, instrumentalities, emanations and departments including the Department of Parliamentary Services, the Department of Agriculture, Fisheries and Forestry, the Department of the Attorney-General, the Department of Broadband, Communication and the Digital Economy, the Department of Climate Change and Energy Efficiency, the Department o f Defence, the Department of Education, Employment and Workplace Relations, the Department of Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Finance and Deregulation, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Human Services, the Department of Immigration and Citizenship, the Department of Infrastructure, Transport, Regional Development and Local Government, the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Department of Resources, Energy and Tourism, the Department of Treasury, and the Courts.
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.
MARK DESCRIPTION
The mark consists of the words AUSTRALIA UNLIMITED to the left of the wording AUSTRALIAN GOVERNMENT which is below a design of an emblem featuring a kangaroo, duck and the wording AUSTRALIA and {indicate the other components of the design}.
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.
/Linda Orndorff/
Examining Attorney
Law Office 111
571 272 5496
Linda.Orndorff@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.