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  76/319967

 

Please note: the Office action of July 23, 2003 is incorporated by reference and the requirements noted therein are maintained and continued.  The examining attorney notes the following and apologizes for inconveniences to the applicant.

 

Foreign Registration Expired

 

The Japanese foreign registration, No. 2451499, on which this application is based expired on August 31, 2002.  The applicant must submit evidence that the foreign registration will be in force at the time of issuance of the United States registration.  The evidence must consist of an official certification or a true copy, a photocopy, a certification, or a certified copy of the certificate of registration showing that the foreign registration has been renewed.  37 C.F.R. §2.34(a)(3)(iii); TMEP §1004.01(a).  The applicant must either file proof of renewal or delete the 44(e) basis with respect to the relevant goods.

 

Identification – (Class 9)

 

The wording “COMPUTERS AND PARTS AND ACCESSORIES” in the identification of goods is unacceptable as indefinite because the nature of the “accessories” is unclear.  The applicant may amend this wording to “COMPUTERS AND PARTS THEREFORE; COMPUTER ACCESSORIES, NAMELY [SPECIFY ITEMS BY COMMON COMMERCIAL NAME],” if accurate.  TMEP §1402.01.

 

Further, the wording “COIN-OPERATED AMUSEMENT MACHINE” is unacceptable as indefinite and may include items classified elsewhere.  The applicant may amend this wording to the following, if accurate:

 

Class 9:

 

Coin operated slot machines

 

Class 28:

 

Coin operated video game machines

 

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.

 

Classification

 

If the applicant adopts the suggested amendment to the identification of goods, the applicant must amend the classification to include International Class 28 in addition to the other classes.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq. 

 

Combined Application Requirements

 

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/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

Notices

 

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.

 

Applicant may respond to this Office action using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>.  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 are strongly encouraged to use TEAS to respond to Office actions.  Applicants using TEAS should not submit a duplicate paper copy of the response.

 

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

 

 

 

 

/Karen Bracey/

Examining Attorney

Law Office 116

703-306-7914; 703-746-8116 (fax)

ecom116@uspto.gov (formal response only)

 

 

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.