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  76/443734

 

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

 

No Conflicting Marks Noted

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. Section 1052(d).  TMEP section 704.02.

 

Identification of Goods Indefinite

The identification of goods is unacceptable as indefinite.  The applicant may adopt the following identification, if accurate:

 

            Horological and chronometric instruments, namely, chronographs for use as specialized time recording apparatus, in international class 9; and

 

            Horological and chronometric instruments, namely watches, wrist watches, straps for wrist watches, watch cases, travel clocks, clocks, chronographs for use as watches and as specialized time recording apparatus, and chronometers, in international class 14.

 

TMEP section 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. Section 2.71(a); TMEP section 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.

 

For the applicant’s convenience, the Trademark Acceptable Identification of Goods and Services Manual on the Internet at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/ offers a searchable list of acceptable identifications and classifications.  When formulating and classifying identifications, the Manual is a useful resource and guide.  It, however, is not an exhaustive list of every acceptable identification.

 

Applicant Must Restrict Classes of Goods/Services or Pay Additional Fee

The application identifies goods/services that may be classified in two international classes.  Therefore, the applicant must either:  (1) restrict the application to the one class covered by the fee already paid, or (2) pay the required fee for an additional class and prosecute the application as a multiple-class application.  37 C.F.R. Section 2.86(b); TMEP sections 810.01 and 1403.01.

 

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 section 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. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date. 

 

Foreign Registration

On October 10, 2002, the applicant filed communication that include a foreign registration document and a request to delete the Section 1(b) basis of the application.  The Office has considered the foreign registration document and found it acceptable.  The Office has deleted the applicant’s Section 1(b) basis.  The sole basis of this application is now Section 44(e).

 

Miscellany

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

 

 

 

 

/Rudy R. Singleton/

Examining Attorney

Law Office 109

(703) 308-9109 ext.142

 

 

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.