To: | Arkansas Democrat-Gazette, Inc. (hevans@williamsanderson.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85631864 - PLUS - N/A |
Sent: | 10/7/2012 8:26:29 AM |
Sent As: | ECOM117@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85631864
MARK: PLUS
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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: Arkansas Democrat-Gazette, Inc.
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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.
ISSUE/MAILING DATE: 10/7/2012
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.
REQUIREMENT: CLARIFY IDENTIFICATION OF GOODS
Applicant must clarify the identification of goods by making a slight grammatical correction amending the two occurrences of the term “allows” to “allow”, and by amending the wording “electronic tablets” to “electronic tablet computers.” See TMEP §1402.01.
The wording “Downloadable software for mobile applications known as apps and any other app compatible device, either portable, semi-portable or fixed which allows a person to load, send, show, display, mark, publish or share information or content through the internet or other communication networks” in the identification of goods is indefinite and must be clarified because the applicant’s use of the wording “software for mobile applications known as apps and any other app compatible device,” is unclear and confusing. See TMEP §1402.01. Applicant may substitute the following wording, if accurate: “Downloadable software applications for portable, semi-portable or fixed devices, namely {specify type of devices, e.g., mobile telephones, portable media players, tablet computers, computers} which allow a person to load, send, show, display, mark, publish or share information or content through the internet or other communication networks” in International Class 9.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Applicant may adopt the following identification of goods, if accurate:
Class 9: Computer software programs and software applications for mobile telephones and electronic tablet computers which allow a person to load, send, show, display, mark, publish or share information or content through the internet or other communication networks; Downloadable software applications for portable, semi-portable or fixed devices, namely {specify type of devices, e.g., mobile telephones, portable media players, tablet computers, computers} which allow a person to load, send, show, display, mark, publish or share information or content through the internet or other communication networks
See TMEP §1402.01.
An applicant may amend an identification of goods and services only to clarify or limit the goods and 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 et seq.
INFORMATION ABOUT GOODS REQUIRED
The nature of the goods on which applicant intends to use its mark is not clear from the present record and additional information is required. An applicant can be required to provide more information if it is necessary for proper examination of the application. 37 C.F.R. §2.61(b); TMEP §§814, 1402.01(e); see In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701-02 (TTAB 2003).
Therefore, applicant must submit samples of advertisements or promotional materials and/or a photograph of the identified goods. If such materials are not available, applicant must submit samples of advertisements or promotional materials and a photograph of similar goods. In addition, applicant must describe in detail the nature, purpose and channels of trade of the goods.
SEARCH OF OFFICE’S DATABASE OF MARKS: PRIOR-FILED APPLICATIONS
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
/John M. C. Kelly/
Trademark Examining Attorney
Law Office 117
571-272-9412
john.kelly@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.