UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/225250
APPLICANT: Deutsche Telekom AG
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CORRESPONDENT ADDRESS: JOAN L. LONG MAYER, BROWN, ROWE & MAW LLP P.O. BOX 2828 CHICAGO, IL 60690-2828
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: T-MOTION
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CORRESPONDENT’S REFERENCE/DOCKET NO: 03130604
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 76/225250
This letter responds to the applicant’s communication filed on 9/19/03.
The foreign registration is accepted and made of record.
The amended identification of goods in Class 21,28, 36 and 39 are accepted. The applicant has not addressed the Class 40 recitation of services (see first office action dated 5/23/01). The requirement to amend Class 40 is made FINAL.
Class 40
The wording “treatment of materials” in the recitation of services is unacceptable as indefinite. The applicant may amend this wording to “treatment of materials, namely (specify e.g. metal treatment of materials or heat treatment of (specify type of materials),” if accurate. TMEP §1402.11.
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 services that are not within the scope of the services recited in the present identification.
The requirement is repeated and made FINAL.
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).
/Howard B. Levine/
Examining Attorney
Law Office 115
(703)308-9115 x141
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.