Notation to File

Response Requested: Trademark Application Serial No. 88511827 CONDATA   RE: Trademark Application Serial No.  88511827  CONDATA   Dear Condata Global, Inc.:   I am the Trademark examining attorney assigned to the above-captioned application.  I can approve it for publication immediately if you authorize me to enter an Examiner Amendment that resolves the issues described below.  To provide authorization, you simply need to give it in a reply to this email.    Alternatively, if you require more time to resolve the issues presented, please let me know, and I will issue a Priority Action or combination Priority Action / Examiner’s Amendment instead. In any event, I hope you will let me know which course of action you prefer.   To the person responding to this email:  Please be sure to include your legal name and corporate title.  Only a corporate officer of Condata Global, Inc. (e.g. President, corporate Vice President, corporate Secretary, Treasurer) may authorize changes via an Examiner’s Amendment. Employees, such as management executives do not have this power.    Requirement: Identification of Services   The services are:  “Transportation management consulting services; Tariff rate information services; Tariff rate consulting services; Freight rate auditor services,” in Class 035.    The identification of services needs clarification because it does not identify the services with enough specificity and it is too broad because it may identify services in multiple International Classes.  See TMEP §§1402.01, 1402.03.    For example, the wording “Transportation management consulting services” in the identification of services is indefinite and too broad. For example, “Business management consultancy in the field of transportation,” is in Class 035; “Consulting services in the field of arranging transport for travelers” and “freighting services” are in Class 039.  TMEP §1402.01.   If accurate, applicant may adopt the following formulation for drafting an acceptable identification. The suggested language has been bolded for applicant’s convenience.   Class 035:            Business management consulting services in the field of transportation; Price comparison services featuring tariff rate information; Tariff rate consulting in the nature of price comparison services; Account auditing, namely, freight rate auditor services   Class 039:            Transportation management consulting services, namely, freighting consulting services   TMEP §1402.01.   Advisories   Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).   For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.   Multiclass Advisories   The application references goods and/or services based on use in commerce in more than one international class; therefore, applicant must satisfy all the requirements below for each international class:   (1)          List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).   (2)          Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least two classes; however, applicant submitted a fee(s) sufficient for only one class(es).  Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.   (3)          Submit verified dates of first use of the mark anywhere and in commerce for each international class.  See more information about verified dates of use.   (4)          Submit a specimen for each international class.  The current specimen is acceptable for class 035; and applicant needs a specimen for class 039.  See more information about specimens.                   Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale.  Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.