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  76/434714

 

This letter responds to the applicant’s communication filed on June 12, 2003.  The amendments contained in the above-referenced response, with the exceptions cited below, are accepted and entered into the record.

 

Identification Requirement Made FINAL

The amended identification of goods and services is unacceptable because it still contains indefinite wording.   

 

A possible format for an acceptable identification is as follows:

 

“Cellular phones and cellular accessories, namely, battery chargers, travel chargers, leather cases for carrying cellular telephones, vinyl cases for carrying cellular telephones, neoprene cases for carrying cellular telephones, batteries, hands-free devices, namely, [identify goods by their common commercial name], cellular hands-free devices, namely, [identify goods by their common commercial name], antennas, namely, light-up antennas, key pads, namely light-up key pads, specialty holsters for carrying cellular telephones, cellular telephone faceplates, cellular telephone housings, AC adapters, desk top chargers, magnet holders, and liquid crystal displays; phones and phone accessories, namely, telephone ear pieces and telephone hands-free devices, namely, [identify goods by their common commercial name], calculators; computer peripherals, and electronics, namely, AC adapters, headphones, and light pens.”

            International Class 9.

 

In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases.  If the applicant chooses to use indefinite terms, such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” and “products,” then those words must be followed by the word “namely” and the goods listed by their common commercial names.  TMEP §§1402.01 and 1402.03(a).

 

Accordingly, the identification requirement is hereby made FINAL.

 

Significance

The applicant failed to indicate whether the wording “Q-TRON” has any significance in the relevant trade or industry or as applied to the goods/services.  37 C.F.R. §2.61(b).

 

Accordingly, the significance information requirement is hereby made FINAL.

 

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).

 

 

 

 

 

Tracy Cross

/Tracy Cross/

Examining Attorney

Law Office 103

Phone:  (703) 308-9103 ext. 224

Fax:      (703) 746-8103

Email:    ecom103@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.