UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT/PRIORITY ACTION

 

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: 3/23/2012

 

PRIORITY ACTION

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’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).

 

ISSUES APPLICANT MUST ADDRESS:  On March 22, 2012, the trademark examining attorney and Jay Myers discussed the issues below.  Applicant must timely respond to these issues.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.

 

ADDITIONAL FILING FEE REQUIRED

 

Applicant has amended the application (as shown below) to add Classes 43 and 44 to the application. In a multiple-class application, a fee for each class is required.  37 C.F.R. §2.86(a)(2); TMEP §§810-810.01 and 1403.01.  Therefore, applicant must pay the fee for the addition of these classes.

 

The filing fees for adding classes to an application are as follows:

 

(1)  $325 per class, when the fees are submitted with an electronic response filed online at http://www.gov.uspto.report/teas/index.html, via the Trademark Electronic Application System (TEAS); or

 

(2)  $375 per class, when the fees are submitted with a paper response.

 

37 C.F.R. §2.6(a)(1)(i)-(a)(1)(ii); TMEP §§810, 1403.02(c).

 

EXAMINER'S AMENDMENT

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by the individual identified in the Priority Action section above, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

                                                                                                         

IDENTIFICATION AND CLASSIFICATION OF SERVICES

 

The identification and classification of services is amended to read as follows:

 

Class 35:          Promoting public awareness of the necessity to aid people outside of the United States; public advocacy to promote awareness of the importance of aiding people outside of the United States; Charitable services, namely, organizing and developing projects that aim to improve the lives of underprivileged and impoverished people outside of the United States; Charitable services, namely, organizing and developing women's economic development and health projects for the benefit of people outside of the United States

 

Class 36:          Charitable services, namely, organizing and coordinating humanitarian and charitable fundraising services to aid people outside the United States; Charitable fundraising to support humanitarian aid to people outside the United States; Charitable services, namely, providing financial support to disadvantaged individuals outside of the United States for the purpose of facilitating health, wellness and economic development

 

Class 41:          Educational services in the nature of conducting capacity building activities, namely, classes, seminars, conferences, and workshops, in the field of humanitarian and charitable aid to people outside of the United States and distribution of educational materials in connection therewith

 

Class 43:          Charitable services, namely, providing food to needy persons outside of the United States; Charitable services, namely, providing safe drinking water to people outside of the United States

 

Class 44:          Charitable services, namely, providing first aid supplies to people in need outside of the United States; Charitable services, namely, providing medical attention to people in need outside of the United States

 

TMEP §1402.01(e).

 

CLARIFICATION OF ENTITY TYPE

 

Applicant has clarified its entity type for the record by specifying that it is a non-profit corporation.  37 C.F.R. §2.32(a)(3); TMEP §§803.03 et seq.

 

OWNERSHIP OF PRIOR REGISTRATION

 

The following claim of ownership is added to the record:

 

            Applicant is the owner of U.S. Registration Nos. 1006519, 1836747, 2632929 and others.

 

37 C.F.R. §2.36; TMEP §812.

 

DESCRIPTION OF THE MARK

 

The following description of the mark is added to the record:

 

            The mark consists of “care” in orange with a circle of hands above where the hands are in alternating yellow and orange.

 

37 C.F.R. §2.37; TMEP §§808 et seq.

 

RESPONSE TO THE PRIORITY ACTION PORTION ABOVE

 

Applicant should include the following information on all correspondence with the Office:  (1) the name and law office number of the trademark examining attorney, (2) the serial number and filing date of the application, (3) the date of issuance of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark.  37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

 

If applicant has questions about the application or this Office action, please telephone the assigned trademark examining attorney at the telephone number below.

 

 

/Charlotte K. Corwin/

Charlotte Klein Corwin

Trademark Examining Attorney

Law Office 117

Charlotte.Corwin@USPTO.GOV

Phone - (571) 270-1532

 

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.

 

 

 

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION HAS ISSUED ON 3/23/2012 FOR

SERIAL NO. 85367955

 

Please follow the instructions below to continue the prosecution of your application:

 

 

TO READ OFFICE ACTION: Click on this link or go to http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response time period. Your response deadline will be calculated from 3/23/2012 (or sooner if specified in the office action).

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System Response Form.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

 

Failure to file the required response by the applicable deadline will result in the ABANDONMENT of your application.