Offc Action Outgoing

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  76/445924

 

This letter responds to the applicant’s communication filed on April 29, 2003.  The foreign registration has been received and entered.  The request for an acceptable identification of goods is repeated and made FINAL.

 

Identification and Classification of Goods

 

The identification of goods is indefinite and requires amendment.  This examining attorney suggests the following:

 

Apparatus is indefinite and may include items in many different classes. 

 

Class 9: Facilities management software, namely, software to control building environment, access and security systems; electronic control apparatus and alarm apparatus incorporating computer hardware, closed circuit televisions, encoded and encrypted magnetic cards, keypads and card readers; lighting and heating control apparatus; all sold as a unit; electrical and electronic apparatus and instruments, all the aforesaid goods relating to security and control access systems.

 

The items in italics are unclear and require further explanation.  Lighting and heating controls would be acceptable alone.  However, electrical and electronic apparatus and instruments are indefinite and require further specificity.

 

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 or services that are not within the scope of the goods and services recited in the present identification.

 

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).

 

 

 

 

/JAL/

Jacqueline A. Lavine

Examining Attorney, Law Office 116

(703) 306-7903

(703) 746-8116 FAX

ecom116@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.