UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/460414
APPLICANT: Aristocrat Technologies Australia PTY Li ETC.
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CORRESPONDENT ADDRESS: BERNHARD KRETEN 300 CAPITOL MALL STE 1100 SACRAMENTO CA 95814-4348
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: HOLLYWOOD DREAMS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 32140-tma
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 76/460414
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.
The application lists the goods “gaming devices, namely gaming machines and associated software for use therewith” in International Class 9. The wording “associated software for use therewith” in the identification of goods is unacceptable as indefinite. TMEP section 1402.01. To follow is the examining attorney’s suggestion concerning the applicant’s identification of goods. The applicant may amend the application pursuant to the examining attorney’s suggestion, if accurate:
“Gaming devices, namely gaming machines and associated computer ________________ (specify type of computer software if applicable, e.g., computer game software) software for use to_______________ (specify function of software, e.g., operate the gaming machines)” in International Class 9.
If the applicant has access to the world wide web, it is strongly recommended that it review the Office’s Trademark Manual of Acceptable Identifications and Classifications for Goods and Services at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.
While an application may be amended to clarify or limit the identification of goods, 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 that are not within the scope of the present identification.
FEE INCREASE EFFECTIVE JANUARY 1, 2003 (FOR INFORMATION ONLY)
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.
If the applicant has any questions or needs assistance in responding to this Office Action, please telephone the undersigned examining attorney.
/Sonya B. Stephens/
Trademark Attorney
Law Office 108
(703) 308-9108 ext. 227 (phone)
(703) 746-8108 (fax)
ecom108@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.