Offc Action Outgoing

DEXSTAR

GATESAIR, INC.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/455322

 

    APPLICANT:                          Harris Corporation

 

 

        

 

    CORRESPONDENT ADDRESS:

    DONALD S. SHOWALTER

    HOLLAND & KNIGHT LLP

    ONE EAST BROWARD BOULEVARD

    FORT LAUDERDALE, FLORIDA 33301

   

RETURN ADDRESS: 

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3513

ecom103@uspto.gov

 

 

 

    MARK:          DEXSTAR

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   621020.01336

 

    CORRESPONDENT EMAIL ADDRESS: 

 

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.

 

 

 

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  76/455322

 

SEARCH RESULTS

 

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 704.01.

 

However, the applicant should note the following issues:

 

IDENTIFICATION OF GOODS

 

The identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the nature of the goods.  TMEP section 1402.  The applicant may adopt the following identification of goods, if accurate: [Specify type, e.g., radio, television, etc.] broadcast transmitters and exciters and parts therefor.”

 

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 1402.06.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods/services set forth in the present identification.

 

INQUIRY ON SIGNIFICANCE

 

The applicant must indicate whether the wording “DEXSTAR” has any significance in the relevant trade,  industry, as applied to the goods, any geographical significance, or any meaning in a foreign language.  37 C.F.R. 2.61(b).

 

ADVISORY:   Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

MISCELLANEOUS

 

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

 

 

 

 

/Susan Stiglitz/

Trademark Attorney

Law Office 103

703-308-9103, ext. 233

703-746-8103  (fax)

ecom103@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.

 


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