UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/461030
APPLICANT: Bernafon Inc.
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CORRESPONDENT ADDRESS: JO M. FAIRBAIRN KINNEY & LANGE, P.A. THE KINNEY & LANGE BUILDING 312 SOUTH THIRD STREET MINNEAPOLIS, MN 55415-1002 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: TREMETRICS
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CORRESPONDENT’S REFERENCE/DOCKET NO: M33.22-0034
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 76/461030
The assigned trademark examining attorney has reviewed the referenced application and determined the following.
NO CONFLICTING MARK FOUND
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.
IDENTIFICATION OF THE GOODS INDEFINITE
The wording "accessories" in the identification of the goods is unacceptable as indefinite. The applicant must amend the identification to specify the common commercial name of the goods (e.g., headsets or earphones). If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP §1402.01.
In addition, the wording "sound proof test enclosures" in the identification of the goods is unacceptable due to classification issues. The applicant may amend to “specialized furniture for medical use in the nature of soundproof test enclosures” if accurate.
In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases. If the applicant chooses to use indefinite terms, such as "accessories," "components," "devices," "equipment," "materials," "parts," "systems" and "products," then those words must be followed by the word "namely" and the goods listed by their common commercial names. TMEP §§1402.01 and 1402.03(a).
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 that are not within the scope of goods set forth in the present identification.
CLASSIFICATION
The applicant has classified the goods incorrectly. The applicant must amend the application to classify the goods in International Class 10. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).
RESPONSE
If the applicant has particular questions regarding any of the issues set forth in this Office action, the applicant may telephone the assigned examining attorney.
/Douglas M. Lee/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 ext. 198
fax: (703) 746-8108
douglas.lee4@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.