Offc Action Outgoing

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  76/474092

 

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

 

The applicant must clarify the recitation of services by more specifically identifying the services for proper classification.  TMEP §1402.11.

 

The applicant may adopt the following recitation of services, if accurate:  MAINTENANCE AND REPAIR OF THE DATA NETWORK APPARATUS AND INSTRUMENTS FOR MOBILE PHONE NETWORKS IN INTERNATIONAL CLASS 37; TELECOMMUNICATIONS SERVICES, NAMELY, REAL-TIME INTEGRATED VOICE AND TEXT-BASED INSTANT COMMUNICATIONS SERVICES BETWEEN MOBILE PHONE USERS, AND BETWEEN MOBILE PHONE USERS AND PERSONAL COMPUTER USERS; CELLULAR TELEPHONE SERVICES FOR IMAGE AND PHOTO TRANSFER BETWEEN MOBILE PHONES; CELLULAR TELEPHONE SERVICES INTEGRATED WITH PUSH-TO-TALK FUNCTIONALITY; PROVIDING CELLULAR TELEPHONE COMMUNICATIONS BETWEEN MOBILE PHONES AND PERSONAL COMPUTERS; AND ELECTRONIC TRANSMISSION OF MESSAGES AND DATA IN INTERNATIONAL CLASS 38; TECHNICAL SUPPORT SERVICES, NAMELY, TROUBLE SHOOTING FOR RECORDING, TRANSMISSION, STORAGE, RETRIEVAL, FORWARDING AND/OR REPRODUCTION OF IMAGES, SOUND AND TEXT DATA FOR COMPOSITION AND DISPLAY ON MOBILE PHONE NETWORK SYSTEMS IN INTERNATIONAL CLASS 42.

 

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 services that are not within the scope of the services recited in the present identification.

 

If the applicant adopts the suggested amendment to the identification of services, the applicant must amend the classification to International Classes 37, 38 and 42.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq. 

 

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

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.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

 

/Mark T. Mullen/

Examining Attorney

Law Office 111

(703) 308-9111 ext.418

ecom111@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.