UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  76/286143

 

Identification and Classification of Goods

 

The wording “accessories” and “components” in the identification of goods is unacceptable because it is indefinite, and because may identify goods in more than one international class.  TMEP sections 1402 and 1402.03.  The applicant must either delete this wording or specify the types of accessories and components by their common commercial names.  “Spare parts” is unacceptable as indefinite but would be acceptable if the applicant specifies that the spare parts are specifically fitted or structural components.

 

Please note that, while an application may be amended to clarify or limit the identification, the applicant may not add any goods or services that are not within the scope of the goods or services recited in the present identification.  37 C.F.R. Section 2.71(b); TMEP section 1402.06.  Note also that if the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following:

 

(1)  The applicant must list the goods and/or services by international class with the classes listed in ascending numerical order.  TMEP section 1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid.  37 C.F.R. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1403.01.  The fee for filing a trademark application is $325 for each class.

 

Response Options

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  Electronically filed responses must contain a valid electronic “signature.”  The Office will accept any combination of letters, numbers, spaces and/or punctuation marks as a valid signature if it is placed between two forward slash (“/”) symbols.  In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.

 

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

 

1. include the serial number in the subject line;

2.      send the response to mailto:ecom116@uspto.gov.  E-mail sent to any other address will NOT be processed, and may result in ABANDONMENT of the application;

3.      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);

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

5.      respond in English; and

6.      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.

 

Send comments on the USPTO e-Commerce Law Office Pilot Program to Comments@uspto.gov.

 

/Andrew J. Benzmiller/

 

Andrew Benzmiller

Trademark Examining Attorney

Law Office 116

(703) 306-7912

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

 

To respond online using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.  Applicants are strongly encouraged to use TEAS to respond to Office actions.  When using TEAS, the data the applicant submits is directly uploaded into the Office’s database, which reduces processing time and eliminates the possibility of data entry errors by the Office.  Applicants using TEAS should not submit a duplicate paper copy of the response.

 

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

 

To respond 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/

 

If you have questions about how to respond to this Office action, please contact the assigned examining attorney.

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

 

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Note: 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.