UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/486633
APPLICANT: Dr. Ing. h.c. F. Porsche AG
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CORRESPONDENT ADDRESS: JANA L. FRANCE FISH & RICHARDSON P.C., P.A. 3300 DAIN RAUSCHER PLAZA 60 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: BOXSTER
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CORRESPONDENT’S REFERENCE/DOCKET NO: 11291/016002
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 76/486633
The assigned examining attorney has reviewed the referenced application and determined the following.
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.
The applicant must clarify the Class 28 identification of goods by amending the item “video game machines” to “stand-alone video game machines.” TMEP §1402.01. This amendment is necessary since video game machines adapted for use with computers or televisions are classified in International Class 9.
The applicant has classified video game cartridges, discs, software and tape cassettes in International Class 28. The correct classification is International Class 9. The applicant must either delete these items or add International Class 9 to the application. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
The applicant must adopt the appropriate international classification for the specified goods. The International Classification of Goods and Services for the Purposes of the Registration of Marks, developed by the World Intellectual Property Organization, classifies every product and service into one of forty‑five classes. The United States Patent and Trademark Office uses this system to classify goods and services. 37 C.F.R. §6.1; TMEP §§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.
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.
Further action awaits response to the above.
/David H. Stine/
Trademark Attorney
Law Office 114
(703)308-9114 x154
ecom114@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.