Offc Action Outgoing

NEUROS

NEUROS AUDIO, L.L.C.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/438456

APPLICANT: Digital Innovations, LLC

CORRESPONDENT ADDRESS:

ANDREW J. GRAY IV

PENNIE & EDMONDS LLP

3300 HILLVIEW AVENUE

PALO ALTO, CALIFORNIA 94304

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3513

ecom109@uspto.gov

MARK: NEUROS

CORRESPONDENT’S REFERENCE/DOCKET NO: 9873-0050-99

CORRESPONDENT EMAIL ADDRESS:

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.

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 76/438456 NEUROS

The assigned examining attorney has reviewed the referenced application and determined the following.

Search Statement

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

However, the applicant must respond to the following issue.

The applicant must amend the identification of goods

The wording “digital audio players and recorders” in the identification of goods is unacceptable as indefinite. The applicant must specify the format of the recording media. The applicant may amend this wording to “Compact disc players and recorders; digital audio tape players and recorders; MP3 players and recorders,” if accurate. TMEP §1402.01.

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.

PLEASE NOTE: This issue can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

/Michael W. Baird/

Examining Attorney

Law Office 109

Telephone: (703) 308-9109 ext. 197

Email: ECOM109@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.