UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/449129
APPLICANT: Unify Corporation
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CORRESPONDENT ADDRESS: CHERYL A. WITHYCOMBE, ESQ. BAKER & MCKENZIE 101 WEST BROADWAY, 12TH FLOOR SAN DIEGO, CALIFORNIA 92101
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom103@uspto.gov
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MARK: UNIFYNXJ
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CORRESPONDENT’S REFERENCE/DOCKET NO: 67123871-100
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 76/449129
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. Section 1052(d). TMEP section 1105.01.
However, the applicant should note the following informalities:
The identification of goods is unacceptable as indefinite because the applicant’s identification of goods refers to several goods not falling within the scope of International Class 9. The applicant may adopt the following identification, if accurate:
Computer programs or software, namely, computer software for developing business applications and deploying business applications; computer software for rapid application development of business applications; computer software for developing and deploying business applications for the Internet and across an organization; computer software platform for business application development and deployment; user manuals and instructional manuals sold as a unit; and, electronic publications, namely, user manuals and instructional manuals in the field of electronic deployment of business applications recorded on computer media, in International Class 9.
Downloadable electronic publications in the nature of user manuals and instructional manuals in the field of electronic deployment of business applications electronically delivered via computer software and via the Internet, in International Class 16.
TMEP section 804.
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(b); TMEP section 804.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
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 §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. §§2.6(a)(1) and 2.86(a); TMEP §§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.
For your convenience, acceptable identifications of goods and services are available on-line at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/search.html.
The applicant must submit a claim of ownership for Registration No. 1,663,326. 37 C.F.R. Section 2.36; TMEP section 812.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. For your convenience, current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven‑digit registration number or eight‑digit application number, followed by the "#" symbol, after the welcoming message and tone. Callers may request information for up to five registration number or application number records per call.
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/Ron Aikens/
Trademark Office, Law Office 103
Tel: (703) 308-9103, ext. 128
Fax: (703) 746-8103
Ron.Aikens@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.