UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/346245
APPLICANT: Fraunhofer-Gesellschaft zur Forderung de ETC.
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CORRESPONDENT ADDRESS: ANDREW R. BASILE YOUNG & BASILE, P.C 3001 W. BIG BEAVER ROAD SUITE 624 TROY MICHIGAN 48084-3107 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
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MARK: OPENXCHANGE
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CORRESPONDENT’S REFERENCE/DOCKET NO: SPM-338-TM
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 76/346245
This letter responds to the applicant’s communication filed on August 15, 2003.
The refusal to register the mark under Trademark Act § 2(d) is maintained.
It is called to applicant’s attention that U.S. Trademark Application no. 76-082,772 has been abandoned. Correspondingly, the citation of the pending application has been withdrawn.
The recitations of goods and services contain goods and services that are indefinite which must renamed by using their common specific names. By class the indefinite recitations, with suggestions, are noted as follows:
Class 9 the “computer data carriers” must be amended to be “computer data blank carriers”; and the hardware must be deleted because it exceeds the scope of the previous recitation of goods;
Class 35 “consulting on business-to-business, IT-integration, on-line supply contracting, electronic sourcing, on-line bidding services” and “electronic data processing consulting services and technical consulting services in the field of telecommunications” must be deleted because they exceed the scope of the previous recitation of services; “e-commerce services, namely, computerized on-line ordering services, namely, on-line issuing of an invoice” and “arranging and concluding commercial transactions, presentations of goods and services” are indefinite and must be renamed by using the common specific names of the services; in addition, the “order undertaking for computer on-line retail stores” is indefinite and may be renamed as “providing user authentication services in e-commerce transactions”;
Class 38 the services are indefinite and must be renamed by using the common specific names of the services;
Class 41 the abbreviation “IT” must be deleted and substituted with the names from which the abbreviation is taken (information technology); and
Class 42 the “services of a certification agency” must be renamed by using the common specific names of the services.
/David C. Reihner/, Examining Attorney
Law Office 111, 703-308-9111 ext. 469
703-746-8107 fax. ecom107@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.