UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/466667
APPLICANT: Dermo Corporation Ltd.
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CORRESPONDENT ADDRESS: JOHN P. RYNKIEWICZ KAYE SCHOLER LLP 901 FIFTEENTH STREET, N. W., SUITE 1100 WASHINGTON, D. C. 20005
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
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MARK: SYSTEMSGUARD
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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 76/466667
The wording “apparatus, appliances and devices for the identification of personal biometric characteristics; fingerprint recognition and personal identification apparatus; systems and apparatus for the control, authorization and recording of access to premises and buildings; apparatus for access authorization to computers, computer networks and other secure locations; optical devices for fingerprint recognition apparatus and personal identification apparatus; computer programs for pattern recognition, personal identification and security control systems and apparatus; computer programs for protection and encryption with respect to access or secure transaction purposes; computer programs for authentication and/or encryption of electronic documents” in the identification of goods is unacceptable as indefinite because applicant uses the indefinite wording apparatus, appliances, devices and systems. 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). The applicant may adopt the following identification, if accurate: Apparatus, appliances and devices, namely, ____ [specify the commercial name of the goods] for the identification of personal biometric characteristics; fingerprint recognition and personal identification apparatus, namely, ____[specify the commercial name of the goods; systems and apparatus, namely, ____ [specify the commercial name of the goods] for the control, authorization and recording of access to premises and buildings; apparatus, namely, ____[specify the commercial name of the goods] for access authorization to computers, computer networks and other secure locations; optical devices, namely, ____ [specify the commercial name of the goods] for fingerprint recognition apparatus and personal identification apparatus; computer programs for pattern recognition, personal identification and security control systems and apparatus; computer programs for protection and encryption with respect to access or secure transaction purposes; computer programs for authentication and/or encryption of electronic documents, Int. Cl. 9. TMEP §1402.01.
For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
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 must indicate whether the wording “SYSTEMS GUARD” has any significance in the relevant trade or industry or as applied to the goods. 37 C.F.R. §2.61(b).
/Priscilla Milton/
Law Office 110
(703)308-9110 Ext. 423
ecom110@uspto.gov
(for Formal responses only)
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.