Offc Action Outgoing

SBC-2000

Acrison, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/280847

APPLICANT: Acrison, Inc.

CORRESPONDENT ADDRESS:

RICHARD P. FERRARA

FISH & RICHARDSON P C

45 ROCKEFELLER PLZ STE 2800

NEW YORK NY 10111-0100

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom110@uspto.gov

MARK: SBC-2000

CORRESPONDENT’S REFERENCE/DOCKET NO: 11130-043001

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.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/280847

The Office has reassigned this application to the undersigned examining attorney.

This letter responds to the applicant's communication filed on January 31, 2003 wherein the applicant submitted a new specimen. The specimen is acceptable.

The applicant should note that the additional issue below was not previously issued. However, upon the assignment of the application to the undersigned attorney, a review of the record was conducted and this refusal was found to be required. Every effort is made to issue all refusals and requirements in the first action and the examining attorney apologizes for this supplemental office action. Consequently, the applicant should note the following:

Mark Is A Model Number

The examining attorney refuses registration on the Principal Register on the ground that the proposed mark is used solely as a model, style or grade designation rather than as a trademark for the goods. Trademark Act Sections 1, 2 and 45, 15 U.S.C. §§1051, 1052 and 1127; In re Dana Corp., 12 USPQ2d 1748 (TTAB 1989). TMEP §1202.10.

The advertising material/product information submitted identifies the goods as “Model sbc-2000.”

Therefore, the proposed wording fails to function as a mark.

If further information or assistance is needed in responding to this Office Action, please feel free to contact the trademark attorney listed below.

/Shari L. Sheffield/

Shari Sheffield

Trademark Attorney

Law Office 110

703-308-9110 ext. 467

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.