UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/476509
APPLICANT: U.S. Electronics, Inc.
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CORRESPONDENT ADDRESS: CHARLES H HELEIN THE HELEIN LAW GROUP, P.C. 8180 GREENSBORO DRIVE SUITE 700 MCLEAN VA 22102
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK: X-LINX
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: mail@thlglaw.com |
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 76/476509
The assigned examining attorney has reviewed the referenced application and determined the following.
No Conflicting Marks Found
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. Section 1052(d). TMEP section 704.02.
Identification of Goods - Indefinite
The identification of goods is unacceptable as indefinite because of the language “FRS/GMRS communicator”. The applicant must clarify this language by indicating the common commercial name for the goods. The applicant must also specify whether the accessories are sold with the actual device because they may be classified in different International Classes. The applicant must amend the identification. For additional 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/. TMEP §1402.01.
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 or services that are not within the scope of the goods and services recited in the present identification.
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 10, 2000, the fee for filing a trademark application is $325 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
The applicant must indicate whether the wording "X-LINX" has any significance in the relevant trade, industry, as applied to the goods, any geographical significance, or any meaning in a foreign language. 37 C.F.R. Section 2.61(b).
In response to this action, the applicant must provide additional information. The applicant must submit samples of advertisements or promotional materials for goods of the same type. If such materials are not available, the applicant must describe the nature, purpose and channels of trade of the goods with which the applicant has asserted a bona fide intent to use the mark. If the goods feature new technology and no competing goods are available, the applicant must provide a detailed factual description of the goods. If the applicant maintains a web site on the Internet, the applicant must also provide its web site address. 37 C.F.R. §2. 61(b); TMEP §§814 and 1402.01(d).
Fee Increase Effective January 1, 2003
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 for classes added on or after January 1, 2003.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Cheryl L. Steplight/
Trademark Examining Attorney
Law Office 103
202.581.2054 ext. 198
703.746.8103 (Fax)
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.