To: | NCH Marketing Services, Inc. (chicago.trademarks@klgates.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85110685 - BENCHMARK - 3710332-0003 |
Sent: | 12/16/2010 9:01:33 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85110685
MARK: BENCHMARK
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/teas/eTEASpageD.htm
|
APPLICANT: NCH Marketing Services, Inc.
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
STRICT DEADLINE TO RESPOND TO THIS LETTER
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: 12/16/2010
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(a), 2.65(a); TMEP §§711, 718.03.
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Identification of Services – Unacceptable as Indefinite
The identification of services is indefinite and must be clarified because the wording “system” is ambiguous with goods, and there is not enough definition or information in the identification to determine how the goods or services should be classified. If the applicant provides temporary use of online nondownloadable software for managing coupon information and data, the applicant must so clarify. See TMEP §1402.01. Applicant may adopt the following identification, if accurate: Online coupon information management system for retailers, namely, … (the applicant must clarify the identification of services by further defining “system” and what this “system” is comprised of, and by further defining the services, e.g., providing temporary use of on-line nondownloadable software for {specify the function of the programs, e.g., for managing coupon information and data, for use in database management, for use as a spreadsheet, for word processing, etc., and, if software is content- or field-specific, the field of use}) [Class 42] …; coupon data management services, namely, … (the applicant must further define the services) …
An applicant may amend an identification of services only to clarify or limit the services; adding to or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.
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.
Additional Information Required
Therefore, applicant must submit samples of advertisements or promotional materials for the identified services. In addition, applicant must describe in detail the nature, purpose and channels of trade of the services.
Further action awaits response to the above.
/Mrs. W. K. H. Price, Esq./
Trademark Attorney
Law Office 103
(571) 272-9391
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. 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.
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.