Offc Action Outgoing

ORDERXCEL

International Automated Systems, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/476115

APPLICANT: International Automated Systems, Inc.

CORRESPONDENT ADDRESS:

J. DAVID NELSON

NELSON, SNUFFER, DAHLE & POULSEN, P.C.

10885 SOUTH STATE STREET

SANDY, UTAH 84070

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom103@uspto.gov

MARK: ORDERXCEL

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

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 76/476115

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

I. SEARCH

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 must address the following to enable further prosecution of the file.

II. INFORMALITIES

A) While the application file indicates that the applicant submitted the required specimen, this Office apparently misplaced this specimen. Please submit an additional specimen identical to that originally filed. The examining attorney regrets any inconvenience to the applicant.

B) The identification of goods is unacceptable as indefinite. The applicant must identify the equipment by its common commercial name. If there is no common commercial name, the applicant must describe the equipment and its use more specifically. TMEP section 1401.01.

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.

/Carolyn Pendleton Cataldo/

Trademark Attorney

Law Office 103

Phone: (703) 308-9103 (ext. 222)

Facsimile: (703) 746-8103

carolyn.pendleton@uspto.gov

FEE INCREASE

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class.

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.