UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/418564
APPLICANT: TROPIC NETWORKS INC.
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CORRESPONDENT ADDRESS: MARK J. PANDISCIO, ESQ. PANDISCIO & PANDISCIO 470 TOTTEN POND ROAD WALTHAM, MA 02451-1914
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK: TRX-24000
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CORRESPONDENT’S REFERENCE/DOCKET NO: TROPIC/TM-2
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 76/418564
This letter responds to the applicant’s communication filed on March 3, 2003 in which the applicant 1) amended the identification of goods and recitation of service; 2) amended the application to seek registration pursuant to 1(b) only; and 3) addressed the significance of the mark. Items 2 and 3 are acceptable. The applicant must note the following.
Recitation of Service - Indefinite
The recitation of services as amended is unacceptable as indefinite. In International Class 36, the applicant must clarify the language “networking warranty services”. The applicant must clarify “integration” and note that it is not classified in international Class 37. The applicant must clarify the language “network operation services”. In International Class 42, the applicant must note that “software design services” must be “for others”. Warranty services are properly classified in International Class 36. Telecommunications services are properly classified in International Class 38.
The applicant may refer to the attached printouts (and those previously sent) from the Trademark ID Manual and must amend the recitation. For additional assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/. TMEP §1402.11.
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 or services that are not within the scope of the goods and services recited in the present identification.
This requirement is continued and made FINAL.
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 10, 2000, the fee for filing a trademark application is $325 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
Options
Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, see 37 C.F.R. §2.146; TMEP Chapter 1700 regarding petitions. 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).
/Cheryl L. Steplight/
Trademark Examining Attorney
Law Office 103
202.581.2054 ext. 198
703.746.8103 (Fax)
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.