UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/311716
APPLICANT: TATA AMERICA INTERNATIONAL CORPORATION
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CORRESPONDENT ADDRESS: WILLIAM R. GOLDEN, JR KELLEY DRYE & WARREN LLP 101 PARK AVE NEW YORK NY 10178-0002
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: TCS AMERICA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/311716
On November 4, 2002, action on this application was suspended pending the disposition of Application Serial No.75/925,980. Because the prior application has since been abandoned, the examining attorney hereby withdraws the suspension of this application. However, the following informality remains unresolved.
II. FEES PAID PER CLASS
The application identifies services that may be classified in more than one international class. Effective January 1, 2003, the filing fee is $335.00 for each class. 37 C.F.R. Section 2.6(a)(1). Therefore, the applicant must either: (1) restrict the application to the number of classes covered by the fee already paid, or (2) pay the required fee for each additional class. 37 C.F.R. Section 2.86(b); TMEP sections 810.01 and 1113.01.
III. RECITATION OF SERVICES
The wording “computer infrastructure development and management services” listed recitation of services is unacceptable as indefinite. TMEP section 804. The applicant may, for example, adopt the following recitation, if accurate:
In International Class 37; computer infrastructure management in the nature of maintenance of computer hardware.
In International Class 42; computer infrastructure development in the nature of computer software development and computer hardware development services; computer programming services; computer infrastructure management in the nature of computer software maintenance services; information technology consulting services; engineering services.
Please note that, while an application may be amended to clarify or limit the recitation, additions to the recitation are not permitted. 37 C.F.R. Section 2.71(b); TMEP section 804.09. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present recitation.
IV. CONCLUSION
The examining attorney herein makes FINAL the refusal to register. Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. Section 2.64(a). 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. Section 2.65(a).
If the applicant has any questions or needs assistance in responding to this Office action, please do not hesitate to telephone the assigned examining attorney.
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/Nicholas K.D. Altree/
Trademark Attorney
Law Office 108
(703) 308-9108, ext. 132
Fax: (703) 746-8108
nick.altree@uspto.gov
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.