UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/207140
APPLICANT: Fujitsu Siemens Computers GmbH
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CORRESPONDENT ADDRESS: LAWRENCE E ABELMAN ABELMAN FRAYNE & SCHWAB 150 E 42ND ST NEW YORK NY 10017-5612
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom115@uspto.gov
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MARK: CELSIUS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 866830
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/207140
This letter responds to the applicant's request for reconsideration filed on January 9, 2003.
Registration was refused under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because the mark for which registration is sought so resembles the mark shown in U.S. Registration No. 2151569 as to be likely, when used on the identified goods, to cause confusion, or to cause mistake, or to deceive.
The applicant has requested an amendment to the identification of goods to help overcome the refusal under Section 2(d). However, the applicant’s amended identification of goods is indefinite. The refusal under Section 2(d) as set forth in the Office Action dated July 11, 2002, is incorporated herein by reference and continued and maintained.
The wording “computers, namely workstations and mobile workstations; software which provides the processing power for 3D CAD programs, product prototyping, software development, desktop publishing, pre-press and DCC applications, financial calculations, multimedia presentations, and textual renderings of objects in real time; excluding computers and computer software for use in the conversion of pictures into electronic data, transmission and manipulation of data, scanning of photographs and documents into digital formats, and retouching and printing photographs and documents” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “computers, namely workstations and mobile workstations comprising [specify major computer hardware components – please note, the components must be within the scope of the identification as originally filed]; software which provides the processing power for 3D CAD programs, product prototyping, software development, desktop publishing, pre-press and DCC applications, financial calculations, multimedia presentations, and textual renderings of objects in real time; excluding computers and computer software for use in the conversion of pictures into electronic data, transmission and manipulation of data, scanning of photographs and documents into digital formats, and retouching and printing photographs and documents,” in INT. CLASS 9, if accurate. TMEP §1402.01.
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. For instance, the applicant may not amended the identification of goods to specify computer furniture workstation since those goods are beyond the scope of the original identification of goods.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Curtis French/
Trademark Attorney
Law Office 115
ecomm115@uspto.gov
703-308-9115 ext. 250
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.