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  76/414745

 

This letter responds to the communication filed on May 8, 2003.  Please note that all issues not discussed in this office action have been resolved.  The examining attorney maintains and continues the requirement for an acceptable specimen.  The examining attorney issues this non-final action because of a new issue raised in the applicant’s response. 

 

Identification

The applicant’s proposed amendment from computer software goods to computer services is unacceptable because it exceeds the scope of the original identification of goods.  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.

 

The applicant’s original, unambiguous, identification of goods was for downloadable software and computer programs.  In fact, the examining attorney never raised an identification issue as the identification of goods was acceptable as originally drafted.  The applicant now seeks to amend the identification to services, i.e., computer maintenance namely, providing computer upgrade services of computer software programs for others.  The applicant’s amendment from an unambiguous identification of goods is expressly prohibited.  TMEP §1402.07(c).  Therefore, the applicant’s amended identification is unacceptable.

 

Status Check

To check status information, please use either http://tarr.uspto.gov, or call 703-305-8747 (Monday-Friday, 6:30 a.m. to 12 midnight, EST).  If additional information regarding the status of an application or registration is required, callers may telephone the Trademark Assistance Center (TAC) at (703) 308-9000 or (800) 786-9199 and request a status check.  TAC is open from 8:30 a.m. to 5:00 p.m. Eastern Standard Time, Monday through Friday, except on holidays.

 

Fee Change

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. 

 

Questions About This Action

If the applicant has any questions regarding this Office action, please call the examining attorney.

 

 

/Brian J. Pino/

Examining Attorney

Law Office 114

301.604.0916

703.746.8114 Facsimile

ecom114@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.