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:

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(a), 2.65(a); TMEP §§711, 718.03.

SEARCH RESULTS

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).

However, the applicant must address the following issues:

IDENTIFICATION OF SERVICES

Portions of the identification of services are unacceptable because they are indefinite or duplicative. Applicant must amend this wording to clarify the nature of the services. See TMEP §1402.01. Applicant may adopt the following suggested amendments, if accurate:

Wholesale and retail store services featuring a wide variety of consumer goods of others; supermarkets; online retail store services featuring a wide variety of consumer goods of others; import-export agencies; cost price analysis; rental of advertising space; invoicing; demonstration of goods; conducting marketing studies; business information; commercial information and advice for consumers; business investigations; marketing research; business management and organization consultancy; management and operation assistance to commercial businesses, namely, in the field of wholesale and retail stores; management assistance in the field of wholesale and retail stores; professional business consultancy; mercantile business management; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; shop window dressing, namely, window dressing and display arrangement services; business appraisals; payroll preparation; business administration; business management assistance; assistance in management of business activities in the field of wholesale and retail stores; assistance to industrial or commercial enterprises in the running of their business in the field of wholesale and retail stores; commercial or industrial management assistance; Presentation of goods on communication media, for retail purposes, namely, [specify nature of these services, e.g., providing home shopping services in the fields of television, mobile telephone]; economic forecasting; auctioneering; sales promotion for others by [indicate means, e.g., distribution of printed and audio promotional materials, rendering sales promotion advice]; sales promotion for others, namely, promoting the wholesale and retail store services of others; [delete “supermarkets” as it is duplicative]; sales promotion for others provided through [specify method, e.g., the distribution and the administration of privileged user cards]; rental of vending machines; distribution of samples; dissemination of advertising matter; advertising services; on-line advertising on a computer network; the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods [delete “including provided by retail stores, wholesale outlets, through mail order catalogues or by means of electronic media, for example, through web sites or television shopping programmes” as it is ambiguous and duplicative of other services already set forth] in the field of [specify field or type of “consumer goods,” e.g., clothing, computers, books], food and drink products; business inquiries; administrative accounting services, namely, drawing up of statements of accounts; commercial administration of the licensing of the goods and services of others; administrative processing of purchase orders; modeling for advertising or sales promotion; price comparison services; procurement services for others, namely, purchasing goods and services for other businesses in the field of food and drink products; outsourcing services; efficiency experts; franchising, namely, offering business management assistance in the establishment and/or operation of retail stores, in Class 35

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 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.

MARK SIGNIFICANCE

Applicant must explain whether “OK” has any meaning or significance in the industry in which the services are provided, or if such wording is a “term of art” within applicant’s industry. Applicant must also explain whether this wording identifies a geographic place. See 37 C.F.R. §2.61(b); TMEP §814.

Failure to respond to a request for information is an additional ground for refusing registration. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.

/Susan R. Stiglitz/

Trademark Examining Attorney

USPTO

Law Office 109

571-272-9285 (tel)

571-273-9285 (fax)

susan.stiglitz@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.