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  76/440662

 

The applicant’s response to the first Office action was filed on August 25, 2003.  In its response to the first Office action, the applicant requested that this Office transfer fees and goods/services from two (2) separately-filed applications into this application.  As requested, this application has been amended to include transferred fees and goods/services and now contains services in three (3) classes (i.e., International Classes 37, 40 and 42).  Following the transfer of fees and services by this Office, the application was re-assigned to the examining attorney on January 28, 2004.  The examining attorney has reviewed the applicant’s amendments in favor of registration contained in the response to the first Office action.  The translation of foreign wording has been accepted and entered into the record.  As to the other outstanding issues, the examining attorney has determined as follows.

 

LIKELIHOOD OF CONFUSION REFUSAL

 

The examining attorney refuses registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because the applicant's mark, when used on or in connection with the identified goods or services, so resembles the marks in U.S. Registration Nos. 2276525 and 2183342 as to be likely to cause confusion, or to cause mistake, or to deceive.  TMEP section 1207.  See the enclosed registrations.

 

Section 2(d) of the Trademark Act bars registration where a mark so resembles a registered mark, that it is likely, when applied to the goods or services, to cause confusion, or to cause mistake or to deceive. TMEP section 1207.01.  The Court in In re E. I. DuPont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973), listed the principal factors to consider in determining whether there is a likelihood of confusion.  Among these factors are the similarity of the marks as to appearance, sound, meaning and commercial impression and the similarity of the goods or services.  The overriding concern is to prevent buyer confusion as to the source of the goods or services.  Miss Universe, Inc. v. Miss Teen U.S.A., Inc., 209 USPQ 698 (N.D. Ga. 1980).  Therefore, any doubt as to the existence of a likelihood of confusion must be resolved in favor of the registrant.  Lone Star Mfg. Co. v. Bill Beasley, Inc., 498 F.2d 906, 182 USPQ 368 (CCPA 1974).

 

The examining attorney must analyze each case in two steps to determine whether there is a likelihood of confusion.  First, the examining attorney must look at the marks themselves for similarities in appearance, sound, connotation and commercial impression.  In re E. I. DuPont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973).  Second, the examining attorney must compare the goods or services to determine if they are related or if the activities surrounding their marketing are such that confusion as to origin is likely.  In re August Storck KG, 218 USPQ 823 (TTAB 1983); In re International Telephone and Telegraph Corp., 197 USPQ 910 (TTAB 1978); Guardian Products Co., v. Scott Paper Co., 200 USPQ 738 (TTAB 1978).

 

COMPARISON OF THE MARKS

 

The test of likelihood of confusion is not whether the marks can be distinguished when subjected to a side‑by‑side comparison.  The issue is whether the marks create the same overall impression. Visual Information Institute, Inc. v. Vicon Industries Inc., 209 USPQ 179 (TTAB 1980).  The focus is on the recollection of the average purchaser who normally retains a general rather than specific impression of trademarks.  Chemetron Corp. v. Morris Coupling & Clamp Co., 203 USPQ 537 (TTAB 1979); Sealed Air Corp. v. Scott Paper Co., 190 USPQ 106 (TTAB 1975); TMEP section 1207.01(b).

 

Registration No. 2276525 is for the typed form mark “WAVE,” and Registration No. 2183342 is for the mark and design “WAVE.”  The applicant’s typed form mark is “ONDA.”  The applicant has properly entered the term “WAVE” as the English translation of the foreign term “ONDA” which comprises its mark.  According to the well‑established doctrine of foreign equivalents, an applicant may not register foreign words or terms if the English‑language equivalent has been previously registered for related products or services.  In re Perez, 21 USPQ2d 1075 (TTAB 1991); In re American Safety Razor Co., 2 USPQ2d 1459 (TTAB 1987); In re Ithaca Indus., Inc., 230 USPQ 702 (TTAB 1986); In re Hub Distributing, Inc., 218 USPQ 284 (TTAB 1983); TMEP §1207.01(b)(vi).

 

COMPARISON OF THE GOODS AND SERVICES

 

If the marks of the respective parties are identical or highly similar, the examining attorney must consider the commercial relationship between the goods or services of the respective parties carefully to determine whether there is a likelihood of confusion.  In re Concordia International Forwarding Corp., 222 USPQ 355 (TTAB 1983).  The goods or services of the parties need not be identical or directly competitive to find a likelihood of confusion.  They need only be related in some manner, or the conditions surrounding their marketing be such, that they could be encountered by the same purchasers under circumstances that could give rise to the mistaken belief that the goods or services come from a common source.  In re Martin's Famous Pastry Shoppe, Inc., 748 F.2d 1565, 223 USPQ 1289 (Fed. Cir. 1984); In re Corning Glass Works, 229 USPQ 65 (TTAB 1985); In re Rexel Inc., 223 USPQ 830 (TTAB 1984); Guardian Products Co., Inc. v. Scott Paper Co., 200 USPQ 738 (TTAB 1978); In re International Telephone & Telegraph Corp., 197 USPQ 910 (TTAB 1978).

 

Registration No. 2183342 is used in connection with “sensors for measuring level of materials in vessels of a type including a transmission probe that normally contacts the material being monitored” in International Class 9, and Registration No. 2276525 is used in connection with “laboratory equipment used for analysis of chemicals and biological materials, including DNA sequencing” in International Class 9.  The applicant’s proposed mark will be used in connection with, “maintenance and repair of scientific apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation; and, maintenance and repair of medical apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation” in International Class 37; “manufacture of general products in the field of measurement and generation of acoustic radiation and optical radiation; prototype fabrication of new products in the field of measurement and generation of acoustic radiation and optical radiation; treatment of materials used in scientific apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation; and treatment of materials used in medical apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation” in International Class 40; and “product research, design and development of scientific apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation; and product research, design and development of medical apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation” in International Class 42.

 

Likelihood of confusion is determined on the basis of the goods or services as they are identified in the application and the registration.  Canadian Imperial Bank of Commerce v. Wells Fargo Bank, 811 F.2d 1490, 1 USPQ2d 1813 (Fed. Cir. 1987); Paula Payne Products Co. v. Johnson Publishing Co., Inc., 473 F.2d 901, 177 USPQ 76 (C.C.P.A. 1973).  Since the identification of the applicant’s services is very broad, it is presumed that the application encompasses services relating to the goods listed in the registrant’s specific identification, that they move in all normal channels of trade and that they are available to all potential customers.  TMEP §1207.01(a)(iii).  Consumers are likely be confused by the use of similar marks on or in connection with goods and with services featuring or related to those goods.  See In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 6 USPQ2d 1025 (Fed. Cir. 1988) (BIGG’S for retail grocery and general merchandise store services held confusingly similar to BIGGS for furniture); In re U.S. Shoe Corp., 229 USPQ 707 (TTAB 1985) (CAREER IMAGE (stylized) for retail women’s clothing store services and clothing held likely to be confused with CREST CAREER IMAGES (stylized) for uniforms); In re United Service Distributors, Inc., 229 USPQ 237 (TTAB 1986) (design for distributorship services in the field of health and beauty aids held likely to be confused with design for skin cream); In re Phillips-Van Heusen Corp., 228 USPQ 949 (TTAB 1986) (21 CLUB for various items of men’s, boys’, girls’ and women’s clothing held likely to be confused with THE “21” CLUB (stylized) for restaurant services and towels); Steelcase Inc. v. Steelcare Inc., 219 USPQ 433 (TTAB 1983) (STEELCARE INC. for refinishing of furniture, office furniture, and machinery held likely to be confused with STEELCASE for office furniture and accessories); Mack Trucks, Inc. v. Huskie Freightways, Inc., 177 USPQ 32 (TTAB 1972) (use of similar marks for trucking services and on motor trucks and busses is likely to cause confusion).

 

Based on all of the foregoing, consumers are likely to be confused as to the source of the registrants’ goods and the applicant’s services and believe that the goods and services emanate from a common source.  Consequently, registration is refused.

 

OTHER ISSUES

 

Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.  If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following issues.

 

REQUIREMENT FOR AMENDED RECITATION OF SERVICES MAINTAINED

 

In the first Office action, the examining attorney indicated the following concerning the applicant’s recitation of services:

 

UNACCEPTABLE IDENTIFICATION & CLASSIFICATION OF GOODS & SERVICES

 

The application lists the goods and services, “DESIGNING, DEVELOPING, MANUFACTURING, REPAIRING, MAINTAINING, AND SERVICING OF: COMPONENTS FOR USE IN A DEVICE WHICH EMPLOYS ACOUSTICS AND/OR OPTICS; MATERIALS OF CONSTRUCTION FOR USE IN A DEVICE WHICH EMPLOYS ACOUSTICS AND/OR OPTICS; ELECTRICAL COMPONENTS FOR CONVERSION AND TRANSMISSION OF DATA GENERATED BY A DEVICE WHICH EMPLOYS ACOUSTICS AND/OR OPTICS; ULTRASONIC APPARATUS; MATERIALS OF CONSTRUCTION USED IN ULTRASONIC APPARATUS; ELECTRICAL COMPONENTS FOR CONVERSION AND TRANSMISSION OF DATA COLLECTED FROM AN ULTRASONIC DEVICE; ACOUSTIC AND/OR OPTICAL DEVICES USED TO MEASURE OR SENSE FLUID FLOW; AND ACOUSTIC AND/OR OPTICAL DEVICES USED TO DETECT FLAWS IN METAL STRUCTURES” and classifies all of such goods and services in International Class 40.

 

There is certain wording in the identification of goods and services that is unacceptable as indefinite. TMEP section 1402.01. To follow are the examining attorney’s suggestions concerning the applicant’s identification of goods and services.  The applicant may amend the application pursuant to the examining attorney’s suggestions, if accurate:

 

“MAINTENANCE AND REPAIR OF _____________ (specify common commercial names of items referred to as components) FOR USE IN A DEVICE WHICH EMPLOYS ACOUSTICS AND OPTICS, NAMELY ________________ (specify common commercial name of device which employs acoustics and optics; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); MAINTENANCE AND REPAIR OF ____________________ (specify common commercial names of items referred to as electrical components) FOR CONVERSION AND TRANSMISSION OF DATA GENERATED BY A DEVICE WHICH EMPLOYS ACOUSTICS AND OPTICS, NAMELY A  ________________ (specify common commercial name of device which employs acoustics and optics; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); MAINTENANCE AND REPAIR OF ULTRASONIC APPARATUS, NAMELY ULTRASONIC DETECTORS FOR ___________ (indicate property or phenomenon being detected); MAINTENANCE AND REPAIR OF  _________________ (specify common commercial names of items referred to as electrical components) FOR CONVERSION AND TRANSMISSION OF DATA COLLECTED FROM AN ULTRASONIC APPARATUS, NAMELY AN ULTRASONIC DETECTOR FOR _________________ (indicate property or phenomenon being detected); MAINTENANCE AND REPAIR OF CONSTRUCTION MATERIALS, NAMELY _____________ (specify common commercial names of items referred to construction materials, e.g., plastic molding compounds for use in the manufacture of molded plastic articles) USED IN ULTRASONIC APPARATUS, NAMELY IN AN ULTRASONIC DETECTOR FOR _________________ (indicate property or phenomenon being detected); MAINTENANCE AND REPAIR OF ACOUSTIC AND OPTICAL DEVICES USED TO MEASURE OR SENSE FLUID FLOW, NAMELY ____________________ (specify common commercial name of devices used to measure or sense fluid flow; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); _____________ ”; AND MAINTENANCE AND REPAIR OF ACOUSTIC AND  OPTICAL DEVICES USED TO DETECT FLAWS IN METAL STRUCTURES, NAMELY ____________________ (specify common commercial name of devices used to detect flaws in metal structures; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity”)” in International Class 37.

 

AND

 

“CUSTOM MANUFACTURE OF _____________ (specify common commercial names of items referred to as components) FOR USE IN A DEVICE WHICH EMPLOYS ACOUSTICS AND OPTICS, NAMELY ________________ (specify common commercial name of device which employs acoustics and optics; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); CUSTOM MANUFACTURE OF _________________ (specify common commercial names of items referred to as electrical components) FOR CONVERSION AND TRANSMISSION OF DATA GENERATED BY A DEVICE WHICH EMPLOYS ACOUSTICS AND OPTICS NAMELY ________________ (specify common commercial name of device which employs acoustics and optics; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); CUSTOM MANUFACTURE OF ULTRASONIC APPARATUS, NAMELY ULTRASONIC DETECTORS FOR ___________ (indicate property or phenomenon being detected); CUSTOM MANUFACTURE OF _________________ (specify common commercial names of items referred to as electrical components) FOR CONVERSION AND TRANSMISSION OF DATA COLLECTED FROM AN ULTRASONIC APPARATUS, NAMELY AN ULTRASONIC DETECTOR FOR _________________ (indicate property or phenomenon being detected); CUSTOM MANUFACTURE OF CONSTRUCTION MATERIALS, NAMELY _____________ (specify common commercial names of items referred to construction materials, e.g., plastic molding compounds for use in the manufacture of molded plastic articles) USED IN ULTRASONIC APPARATUS, NAMELY IN AN ULTRASONIC DETECTOR FOR _________________ (indicate property or phenomenon being detected); CUSTOM MANUFACTURE OF ACOUSTIC AND OPTICAL DEVICES USED TO MEASURE OR SENSE FLUID FLOW, NAMELY ____________________ (specify common commercial name of devices used to measure or sense fluid flow; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); _____________ ”; AND CUSTOM MANUFACTURE OF ACOUSTIC AND  OPTICAL DEVICES USED TO DETECT FLAWS IN METAL STRUCTURES, NAMELY ____________________ (specify common commercial name of devices used to detect flaws in metal structures; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity”)” in International Class 40.

 

AND

 

“DESIGN FOR OTHERS IN THE FIELD OF ______________ (indicate specific field, e.g., engineering, computers), NAMELY DESIGN OF _____________ (specify common commercial names of items referred to as components) FOR USE IN A DEVICE WHICH EMPLOYS ACOUSTICS AND OPTICS, NAMELY ________________ (specify common commercial name of device which employs acoustics and optics; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); DESIGN FOR OTHERS IN THE FIELD OF ______________ (indicate specific field, e.g., engineering, computers), NAMELY DESIGN OF _________________ (specify common commercial names of items referred to as electrical components) FOR CONVERSION AND TRANSMISSION OF DATA GENERATED BY A DEVICE WHICH EMPLOYS ACOUSTICS AND OPTICS NAMELY ________________ (specify common commercial name of device which employs acoustics and optics; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); DESIGN FOR OTHERS IN THE FIELD OF ______________ (indicate specific field, e.g., engineering, computers), NAMELY DESIGN OF ULTRASONIC APPARATUS, NAMELY ULTRASONIC DETECTORS FOR ___________ ; DESIGN FOR OTHERS IN THE FIELD OF ______________ (indicate specific field, e.g., engineering, computers), NAMELY DESIGN OF _________________ (specify common commercial names of items referred to as electrical components) FOR CONVERSION AND TRANSMISSION OF DATA COLLECTED FROM AN ULTRASONIC APPARATUS, NAMELY AN ULTRASONIC DETECTOR FOR _________________ (indicate property or phenomenon being detected); DESIGN FOR OTHERS IN THE FIELD OF ______________ (indicate specific field, e.g., engineering, computers), NAMELY DESIGN OF CONSTRUCTION MATERIALS, NAMELY _____________ (specify common commercial names of items referred to construction materials, e.g., plastic molding compounds for use in the manufacture of molded plastic articles) USED IN ULTRASONIC APPARATUS, NAMELY IN AN ULTRASONIC DETECTOR FOR _________________ (indicate property or phenomenon being detected); DESIGN FOR OTHERS IN THE FIELD OF ______________ (indicate specific field, e.g., engineering, computers), NAMELY DESIGN OF ACOUSTIC AND OPTICAL DEVICES USED TO MEASURE OR SENSE FLUID FLOW, NAMELY ____________________ (specify common commercial name of devices used to measure or sense fluid flow; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); _____________ ”; AND DESIGN FOR OTHERS IN THE FIELD OF ______________ (indicate specific field, e.g., engineering, computers), NAMELY DESIGN OF ACOUSTIC AND  OPTICAL DEVICES USED TO DETECT FLAWS IN METAL STRUCTURES, NAMELY ____________________ (specify common commercial name of devices used to detect flaws in metal structures; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity”); PRODUCT DEVELOPMENT, NAMELY DEVELOPMENT OF ________________ (specify common commercial names of items referred to as components) FOR USE IN A DEVICE WHICH EMPLOYS ACOUSTICS AND OPTICS, NAMELY ________________ (specify common commercial name of device which employs acoustics and optics; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); PRODUCT DEVELOPMENT, NAMELY DEVELOPMENT OF  __________________ (specify common commercial names of items referred to as electrical components) FOR CONVERSION AND TRANSMISSION OF DATA GENERATED BY A DEVICE WHICH EMPLOYS ACOUSTICS AND OPTICS NAMELY ________________ (specify common commercial name of device which employs acoustics and optics; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); PRODUCT DEVELOPMENT, NAMELY DEVELOPMENT OF ULTRASONIC APPARATUS, NAMELY ULTRASONIC DETECTORS FOR ___________ (indicate property or phenomenon being detected); PRODUCT DEVELOPMENT, NAMELY DEVELOPMENT OF  _________________ (specify common commercial names of items referred to as electrical components) FOR CONVERTING AND TRANSMITTING DATA COLLECTED FROM AN ULTRASONIC APPARATUS, NAMELY AN ULTRASONIC DETECTOR FOR _________________ (indicate property or phenomenon being detected); PRODUCT DEVELOPMENT, NAMELY DEVELOPMENT OF CONSTRUCTION MATERIALS, NAMELY _____________ (specify common commercial names of items referred to construction materials, e.g., plastic molding compounds for use in the manufacture of molded plastic articles) USED IN ULTRASONIC APPARATUS, NAMELY IN AN ULTRASONIC DETECTOR FOR _________________ (indicate property or phenomenon being detected); PRODUCT DEVELOPMENT, NAMELY DEVELOPMENT OF ACOUSTIC AND OPTICAL DEVICES USED TO MEASURE OR SENSE FLUID FLOW, NAMELY __________________ (specify common commercial name of devices used to measure or sense fluid flow; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity); _____________ ”; AND PRODUCT DEVELOPMENT, NAMELY DEVELOPMENT OF ACOUSTIC AND  OPTICAL DEVICES USED TO DETECT FLAWS IN METAL STRUCTURES, NAMELY ____________________ (specify common commercial name of devices used to detect flaws in metal structures; if there is no common commercial name for the device, the applicant must describe the product and its intended uses with specificity”)” in International Class 42.

 

If the applicant has access to the world wide web, it is strongly recommended that it review the Office’s Trademark Manual of Acceptable Identifications and Classifications for Goods and Services at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.

APPLICANT MAY NOT EXCEED SCOPE OF PRESENT RECITATION OF SERVICES

 

While an application may be amended to clarify or limit the recitation of services, additions to the recitation are not permitted.  37 C.F.R. Section 2.71(b); TMEP section 804.09.  Therefore, the applicant may not amend to include any services that are not within the scope of the present recitation.

 

In its response to the first Office action, the applicant has requested that the Office transfer certain services (from two companion applications) into this application and has proposed the following amendments to the recitation of services:

 

“Maintenance and repair of scientific apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation; and, maintenance and repair of medical apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation” in International Class 37.

 

AND

 

 “Manufacture of general products in the field of measurement and generation of acoustic radiation and optical radiation; prototype fabrication of new products in the field of measurement and generation of acoustic radiation and optical radiation; treatment of materials used in scientific apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation; and treatment of materials used in medical apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation” in International Class 40.

 

AND

 

“Product research, design and development of scientific apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation; and product research, design and development of medical apparatus and instruments and components which are used to measure and generate acoustic radiation and optical radiation” in International Class 42.

 

For the following reasons, the requirement for an amended recitation of services is MAINTAINED.

 

There is certain wording in the recitation of services that remains unacceptable as indefinite.  TMEP section 1402.01.  Additionally, the applicant is advised that it must indicate that its general product line manufacture services in International Class 40 are “to the order and specification of others”; its prototype fabrication services in International Class 40 are “for others”; and its design services in International Class 42 are “for others.” To follow are the examining attorney’s suggestions concerning the applicant’s recitation of services.  The applicant may amend the application pursuant to the examining attorney’s suggestions, if accurate:

 

“Maintenance and repair of scientific apparatus, instruments and components therefor which are all used to measure and generate acoustic radiation and optical radiation for _____________ (specify particular purpose or use for the named apparatus, instruments and components); and, maintenance and repair of medical apparatus, instruments and components therefor which are all used to measure and generate acoustic radiation and optical radiation for ________________ (specify particular purpose or use for the named apparatus, instruments and components)” in International Class 37.

 

AND

 

“Manufacture of general product lines in the field of _____________ (must specify the field of goods, e.g., medical instruments) used for the measurement and generation of acoustic radiation and optical radiation to the order and specifications of others; prototype fabrication of new products for others in the field of measurement and generation of acoustic radiation and optical radiation; ____________ (must specify type if treatment, e.g., metal treatment) treatment of materials used in scientific apparatus, instruments and components therefor which are used to measure and generate acoustic radiation and optical radiation; and ____________ (must specify type if treatment, e.g., metal treatment) treatment of materials used in medical apparatus, instruments and components therefor which are used to measure and generate acoustic radiation and optical radiation” in International Class 40.

 

AND

 

“Product research and development of scientific apparatus, instruments and components therefor which are all used to measure and generate acoustic radiation and optical radiation for _______________ (specify particular purpose or use for the named apparatus, instruments and components); design for others of scientific apparatus, instruments and components therefor which are all used to measure and generate acoustic radiation and optical radiation for _______________ (specify particular purpose or use for the named apparatus, instruments and components); and product research and development of medical apparatus, instruments and components therefor which are used to measure and generate acoustic radiation and optical radiation for _______________ (specify particular purpose or use for the named apparatus, instruments and components); design for others of medical apparatus, instruments and components therefor which are all used to measure and generate acoustic radiation and optical radiation for _______________ (specify particular purpose or use for the named apparatus, instruments and components)” in International Class 42.

 

If the applicant has access to the world wide web, it is strongly recommended that it review the Office’s Trademark Manual of Acceptable Identifications and Classifications for Goods and Services at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.

APPLICANT MAY NOT EXCEED SCOPE OF PRESENT RECITATION OF SERVICES

 

While an application may be amended to clarify or limit the recitation of services, additions to the recitation are not permitted.  37 C.F.R. Section 2.71(b).  TMEP section 1402.06.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the present recitation.

 

CHANGE OF ADDRESS (FOR INFORMATION ONLY)

 

Applicants may now file address change correspondence via a new form on TEAS.  Address changes may be performed on up to 20 cases at a time.  The Trademark Office strongly encourages applicants to use this form, available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm

 

If the applicant has any questions or needs assistance in responding to this Office Action, please telephone the undersigned examining attorney.

Sonya B. Stephens

 

/Sonya B. Stephens/

Trademark Attorney

Law Office 108

(703) 308-9108 ext. 227 (phone)

(703) 746-8108 (fax)

fax no. for official responses only

 

 

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 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.