UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  76/472465

 

This letter responds to the applicant’s communication filed on November 21, 2003.  The amendments contained in the above-referenced response, with the exceptions cited below, are accepted and entered into the record.

 

Identification Requirement Made FINAL

The amended identification of goods and services is unacceptable because it still contains unacceptable wording.   

 

A possible format for an acceptable identification is as follows:

           

“Digital and analog electronic cameras, namely, InGaAs cameras and accessories, namely, namely, [identify accessories by their common commercial name]; focal plane arrays, namely, one and two dimensional focal plane arrays sold alone and incorporated into imaging modules; linear photodiode arrays, namely, imaging devices sold alone and incorporated into imaging and spectroscopic modules, namely, [identify devices by their common commercial name]; near infrared photodiode arrays; avalanche diodes; PIN photodiodes; avalanche photodiode arrays, namely, imaging devices sold alone and incorporated into imaging and spectroscopic modules, namely, [identify devices by their common commercial name]; distributed feedback diode lasers not for medical use; diode lasers not for medical use, and instrumentation containing these components, namely, near infrared spectrometers, gas sensing spectrophotometers, machine vision modules, and optical receivers.”

            International Class 9.

 

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).

 

Accordingly, the identification requirement is hereby made FINAL.

 

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board.  37 C.F.R. §2.64(a). 

 

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application:

 

“Digital and analog electronic cameras, namely, InGas cameras and accessories; focal plane arrays, namely, one and two dimensional focal plane arrays sold alone or incorporated into imaging modules; linear photodiode arrays, namely, imaging devices sold alone or incorporated into imaging and spectroscopic modules; P-I-N photodiodes; avalanche photodiode arrays, namely, imaging devices sold alone or incorporated into imaging and spectroscopic modules.”

 

The application will then proceed forward for the following goods and/or services only: 

 

“Near infrared photodiode arrays; avalanche diodes; distributed feedback diode lasers not for medical use; diode lasers not for medical use, and instrumentation containing these components, namely, near infrared spectrometers, gas sensing spectrophotometers, machine vision modules, and optical receivers.”

 

 

 

 

 

 

 

Tracy Cross

/Tracy Cross/

Examining Attorney

Law Office 103

Phone:  (703) 308-9103 ext. 224

Fax:      (703) 746-8103

Email:    ecom103@uspto.gov3@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.