Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION: FINAL REFUSAL CONTINUED AFTER APPEAL

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN SIX MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

Serial Number 76/166308

 

The undersigned Examining Attorney has reviewed applicant’s proposed changes to the identification of goods and recitation of services, which were set forth in its Request for Reconsideration filed on February 18, 2003.  All proposed changes are ACCEPTABLE and are made of record EXCEPT the following in International Class 9.  The wording shown below is unacceptable as indefinite.  TMEP §1402.01. 

 

Accordingly, applicant must promptly amend its identification of goods as follows in order for the application to be approved for publication. 

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

“… apparatus for producing images or data, namely, televisions, cameras, namely, [state type of cameras, e.g., digital cameras, 35mm cameras, video cameras, etc.], video systems comprised of [state components of video systems, e.g., digital video disc drives, digital video recorders, etc.], screens, namely, [specify type of screens, e.g., projection screens, video screens, etc.], computer cursor control devices, namely, touch pads, …”

 

All other wording in International Class 9 is ACCEPTABLE. 

 

PLEASE NOTE:  All of the issues raised can be resolved by telephone.  The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

 

/ELIZABETH J. WINTER/

Trademark Examining Attorney

Law Office 113

(703) 308-9113 ext. 480; FAX (703) 746-6228

(703) 285-1184 (M, T, W, F)

 

 

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

To respond to this Office action electronically, the applicant must:

 

o       include the serial number in the subject line;

o       send the response to ecom113@uspto.gov.  Responses sent to any other address will NOT be processed, and may result in ABANDONMENT of the application;

o       submit specimens and/or evidence as scanned images or digital photographs in .GIF or .JPG format only.  NO OTHER FORMATS WILL BE PROCESSED (TMEP §304.01);

o       respond within six-months from the Office action mailing date, or within the period stated in the Office action;

o       respond in English; and

o       sign the response electronically, e.g. /john smith/.  See 37 CFR §1.4(d)(1)(iii); TMEP §§304.08 and 804.05.

 

If the applicant wishes to receive future office actions by e-mail, the applicant must state in the response that “The applicant authorizes the USPTO to communicate with the applicant electronically at the following e-mail address: ____________.”  Note: only one e-mail address may be used for correspondence.  TMEP §804.07. 

 

The examining attorney will send correspondence only to the e-mail address listed in the application.  A request to change an e-mail address may be submitted by signed e-mail to one of the above e-mail addresses.

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.