Offc Action Outgoing

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  76/389828

 

This letter responds to the communication filed on January 23, 2003, and the February 14, 2003, telephone conversation between the examining attorney and the applicant’s attorney.  The examining attorney accepts the applicant’s response to any requirement(s) listed in any previous office action and not made final in this action and/or withdraws any requirement(s) not made final in this office action.  Additionally, the examining attorney withdraws any previous refusal(s) not made final in this action and/or any reference(s) to prior pending application(s) listed in any previous office action.  This letter is a FINAL office action.

 

The application was originally refused because the applicant failed to properly identify its goods and/or services.  The applicant’s amended identification of goods and/or services is unacceptable.  Therefore, the requirement for an acceptable identification of goods and/or services is maintained and made FINAL.

 

Identification and Classification

The applicant’s amended identification of goods and/or services is unacceptable because it does not describe the goods with sufficient specificity; the reader cannot determine if the recording media is blank or carries undefined software or other information.

Acceptable common commercial names are included in the Trademark Acceptable Identification of Goods & Services Manual available free of charge at the Office web site located at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

However, the applicant may adopt the following identification, if accurate [changes in bold text]:

 

Effector systems for musical instruments on digital signal processing basis consisting of CD players, multi-track digital recorder, and blank recording media in the nature of compact flash cards, optical discs, CDs, and DVDs, all sold as a unit in International Class 9.

 

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 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. 

 

Appropriate Responses

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. §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. §2.65(a).

 

 

 

/Brian J. Pino/

Examining Attorney

Law Office 113

301.604.0916

703.308.9113 Ext. 264

703.308.7185 Facsimile

ecom113@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.

 

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.