UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/456715
APPLICANT: BFG TECHNOLOGIES, INC.
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CORRESPONDENT ADDRESS: Rakesh M. Amin Weaver & Amin 217 North Jefferson Street Ste.602 Chicago IL 60661
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: WE'RE COMMITTED
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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 76/456715
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.
The wording “integrated circuit cards and smart cards containing programming used with text, audio, video, voice and image data” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “encoded integrated circuit cards and smart smarts containing programming used with text, audio, video and image data,” if accurate. TMEP §1402.01.
The wording “electronic chip cards” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “encoded electronic chip cards containing programming used to [specify the function or purpose and, if the programming is content or field specific the field of use]” or “encoded electronic chip cards for [indicate use], if accurate. TMEP §1402.01.
The wording “game cards” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “high speed game cards,” if accurate. TMEP §1402.01.
The applicant must rewrite the identification of goods in its entirety because of the nature and extent of the amendment. 37 C.F.R. §2.74(b).
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.
The applicant must submit a concise description of the design feature of its mark. 37 C.F.R. Section 2.37; TMEP section 808 et seq. The statement may be in the following form:
The design feature of the mark consists...
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Amos T. Matthews/
Examining Attorney
Law Office 108
(703) 308-9108 ext. 293
(703) 746-8108 (fax)
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.