UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/213751
APPLICANT: CenterPoint Broadband Technologies, Inc.
|
|
|
CORRESPONDENT ADDRESS: LORI N. BOATRIGHT BLAKELY SOKOLOFF TAYLOR & ZAFMAN 12400 WILSHIRE BOULEVARD, SEVENTH FLOOR LOS ANGELES, CA 90025
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
|
|
MARK: DRIVING TOMORROW'S NETWORKS
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 76/213751
The Office has reassigned this application to the undersigned examining attorney.
On December 28, 2001, action on this application was suspended pending the disposition of Application Serial No. 76176140. The referenced application has been abandoned. As such, the requirement for an acceptable identification of goods is continued and made FINAL.
The applicant’s proposed identification of goods is unacceptable because it is indefinite. In particular, the term “system” in the identification of goods requires the applicant to list the major parts of the system and describe the nature and use of the system. TMEP §1402.03(a). Furthermore, the applicant must clarify what “broadband networks technology is.” Please note that more than one international class may be implicated. The applicant may adopt the following identification, if accurate:
International class 9 – High bit-rate products in the nature of optical and broadband systems, namely [list the common commercial names for all principal components] for providing high data rate solutions primarily for service provider broadband wireless and optical network.
TMEP §1402.01.
For the above reasons, the requirement for an acceptable identification of goods is continued and made FINAL.
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.
Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700. If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
/Gene V.J. Maciol, II/
Gene V.J. Maciol, II
Trademark Attorney Advisor
Law Office 103
703 746 8103 fax
703 308-9103 x295
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.