Priority Action

UNITED STATES PATENT AND TRADEMARK OFFICE

 

PRIORITY ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.  This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

Serial Number  76/293097

 

The following issues were discussed with Peter D. Murray, Esq., on December 17, 2002, and January 6, 2003.

 

This letter responds to the applicant's communication filed on November 4, 2002.  The first three changes in the identification of goods are acceptable.

 

The applicant paid an additional fee to add International Class 16 to the application.  The applicant adopted the identification “transparencies” recommended by the examining attorney.  However, the Acceptable Identification of Goods and Services Manual indicates that such goods should be further described as being “paper” or “plastic” transparencies.  The examining attorney understands from the referenced discussions that the applicant will amend the application to indicate both types.

 

The wording “subjects of general and/or specialized interest and entertainment,” as used in the proposed amendment of the identification goods, is unacceptable as indefinite.  TMEP §1402.01.  As the attached excerpt from the ID manual indicates, the subject matter of prerecorded material is required to be indicated.  The proposed wording does not inform as to the content.

 

In lieu of “font, compact discs, video tapes featuring clip art, graphical images” on page 5 of the response submitted April 3, 2002,[1] the applicant may adopt the following wording, if accurate:  typeface fonts recorded on optical media; prerecorded compact discs, video tapes featuring clip art and graphical images.[2]

 

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.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

/Melvin T. Axilbund/

Melvin T., Axilbund

Examining Attorney, Law Office 113

ecom113@uspto.gov

703/308-9113 extension 196

 

Fee Increase Now in Effect

Effective January 1, 2003, the fee for filing an application for trademark registration increased to $335 per International Class.  The United States Patent and Trademark Office will not accord a filing date to applications filed on or after that date that are not accompanied by a minimum of $335. 

 

At the same time, the fee for amending an existing application to add an additional class or classes of goods or services became $335 per class added. 

 

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