Offc Action Outgoing

G MAIL

GMI Holdings, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/462803

APPLICANT: GMI Holdings, Inc.

CORRESPONDENT ADDRESS:

SCOTT D. WOLDOW

SMITH, GAMBRELL & RUSSELL, L.L.P.

1850 M STREET, N.W., SUITE 800

WASHINGTON, DC 20036

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3513

ecom103@uspto.gov

MARK: G MAIL

CORRESPONDENT’S REFERENCE/DOCKET NO: 032420 WZ 00

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 76/462803

The assigned examining attorney has reviewed the referenced application and determined the following.

Search of Office Records

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.

However, the applicant should note the following informality.

Identification of Goods

The identification of goods is unacceptable as indefinite because it does not identify the precise function and nature of the goods. Based on the applicant’s web page at www.geniecompany.com/products/Gmail.htm, the applicant may amend the identification to the following, if accurate: “electronic garage door opener incorporating a message center with wall mounting capabilities.”

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. The applicant should refer to the “Trademark Acceptable Identification of Goods and Services Manual” which is accessible through the PTO’s web site (http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/) for suggested language.

Stephanie M. Davis, Esq.

Examining Trademark Attorney

Law Office 103

703.308.9103 ext. 210 - voice

703.746.8103 - facsimile

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.