To: | Orange Personal Communications Services ETC. (ptotmcommunications@morganfinnegan.com) |
Subject: | TRADEMARK APPLICATION NO. 76319769 - ORANGE - 4061-4047 |
Sent: | 11/7/2005 3:10:24 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/319769
APPLICANT: Orange Personal Communications Services ETC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ORANGE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 4061-4047
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.
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Serial Number 76/319769
The referenced application has been withdrawn from publication because the Commissioner’s Office has determined the following.
In International Class 25, the wording “parts for all the aforesaid goods” in the identification of goods is unacceptable as indefinite, as it could encompass goods in other classes, e.g. buttons, zippers, or shoelaces, all of which are properly classified in International Class 26. The applicant must amend the identification to specify the commercial name of the goods. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.
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 wishes to add International Class 26 to this application, then applicant must comply with each of the following for those goods based on an intent to use the mark in commerce under Trademark Act Section 1(b) and a foreign registration under Trademark Act Section 44(e):
(1) Applicant must list the goods by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
If applicant should fail to respond to this Office action within the six month time limit, then the goods identified above as indefinite will be deleted from the application. The application will then proceed forward for the remaining goods. 37 C.F.R. §2.65(a).
/James A. Rauen/
Trademark Examining Attorney
Law Office 103
Phone 571-272-9211
Fax 571-273-9103
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.