UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/443024
APPLICANT: Primus Telecommunications, Inc
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CORRESPONDENT ADDRESS: MICHAEL D. ROMANO HOGAN & HARTSON L.L.P. 8300 GREENSBORO DRIVE SUITE 1100 MCLEAN, VIRGINIA 22102 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom109@uspto.gov
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MARK: ISTERRA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/443024 ISTERRA
The assigned examining attorney has reviewed the referenced application and determined the following.
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 issues.
The wording “domestic and international long distance telecommunications services” in the recitation of services is unacceptable as indefinite. The applicant must specify the exact nature of the proffered telecommunications services. The applicant may amend this wording to “Telecommunication services, namely, local and long distance transmission of voice, data, graphics by means of telephone, telegraphic, cable, and satellite transmissions,” if accurate. TMEP §1402.11.
The wording “personal computer-to-public switched telephone network (“PSTN”) telecommunications services” in the recitation of services is unacceptable as indefinite. A PSTN is merely a local telephone company. The applicant must amend the recitation to specify the common commercial name of the services. TMEP §1402.11. The applicant may amend this wording to “Providing multiple-user dial-up access to the Internet,” if accurate. TMEP §1402.11.
The wording “digital subscriber lines (“DSL”)” in the recitation of services is unacceptable as indefinite. While this wording indicates a method of access, it fails to identify any particular activity which might be considered a service. The applicant may amend this wording to “Providing multiple-user access to the Internet via digital subscriber lines,” if accurate. TMEP §1402.11.
The wording “providing dedicated, secure dedicated, integrated, broadband and dial-up and Internet access services and domestic and international toll-free telephone service” in the recitation of services is unacceptable as indefinite. The applicant may amend this wording to “providing multiple-user dedicated, secure dedicated, broadband and dial-up access to the Internet; providing domestic and international toll-free telephone service,” if accurate. TMEP §1402.11.
In the identification, the applicant should use the common commercial designation for the services, be as complete and specific as possible and avoid the use of indefinite words and phrases. The applicant may not include broad wording such as “services in connection with...” or “such as” or “including” or “and like services” or “systems” or “products” or “concepts” or “not limited to....” TMEP §§1402.03(a) and 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 services that are not within the scope of the services recited in the present identification.
If the mark is a word in a foreign language, the applicant must submit an English translation of the mark. 37 C.F.R. §2.61(b); TMEP §809.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael W. Baird/
Examining Attorney
Law Office 109
Telephone: (703) 308-9109 ext. 197
Fax: (703) 746-6370
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.