UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/488213
APPLICANT: Sennheiser electronic GmbH & Co. KG
|
|
|
CORRESPONDENT ADDRESS: GERALD H. KIEL, ESQ. REED SMITH LLP 599 LEXINGTON AVENUE NEW YORK, NEW YORK 10022
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
|
|
MARK: HIDYN
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: GK-EIS-1060/
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.
|
Serial Number 76/488213
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 identification of goods is unacceptable as indefinite because the wording fails to state clearly what goods are being produced. As a result, the identification of goods is neither specific enough to protect the goods sold by the applicant nor to give other applicants notice of the goods sold by the applicant. Moreover, because the word “as far as included in Class 9” makes the identification extremely broad – the phrase suggests that there may be goods included within the applicant’s recitation that are unlisted and fall within the scope of other International Classes. Similarly, “system” could refer to a method of creating a set of goods as well as the actual goods themselves. Moreover, “systems” is overly broad and could suggest that the proposed mark will be applied to goods for which the applicant does not seek protection. The applicant should note that information placed within parenthesis – “()” – is considered deleted information and will not be included in the protection sought. The applicant may adopt the following identification, if accurate:
Electric, electronic and optical measuring, signaling, checking apparatus and instruments specifically, electric apparatus and instruments for electro-acoustics, namely, [specify the goods contemplated by their common commercial names, e.g., speakers, equalizers, audio synthesizers, etc.] and parts therefor; active interfering noise suppression devices, for use with audio and audio visual systems; analog and digital electro-acoustic systems and apparatus, namely, electro-acoustic systems comprised of [specify the goods found within the system, e.g., digital sound filters, computers, analog-to-digital sound converters, etc.] for recording, transmitting and reproducing audio signals; audio filters, audio amplifiers, electrical volume controls, loudspeakers, headsets, microphones, aerials, accumulator plugs, plug battery chargers, listener cables, transducers and parts therefor; apparatus for the wireless transmission, transfer and reception of sound and video signals, namely, multi-channel transmitters and single-channel transmitters and infrared transmitters and receivers; electric, electronic and electro-acoustic apparatus and instruments for communications technology, namely, telephones, hearing and speech attachments augmenters, and pre-recorded floppy discs, tapes and discs featuring operating system software, in International Class 9.
TMEP section 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. Section 2.71(b); TMEP section 1402.06(a). Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
The applicant has filed relying on its claim of a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and on a foreign registration under Section 44(e), 15 U.S.C. §1126(e). The foreign registration alone may serve as the basis for obtaining a U.S. registration resulting from this application. The applicant must advise the examining attorney, however, if the applicant intends to rely solely on the foreign registration as the basis for registration.
Unless the applicant indicates otherwise, this Office will presume that the applicant wishes to rely on Section 1(b) as well as on Section 44(e) as the bases for registration. In this case, although the application may be approved for publication, the mark will not be registered until an acceptable allegation of use has been filed.
The applicant must submit an English translation of the certified copy of the registration. 37 C.F.R. Section 2.34(a)(3)(ii). It is customary for the translator to sign the translation. TMEP section 1004.05.
The applicant must indicate whether HIDYN has any significance in the relevant trade, any geographical significance, any meaning in a foreign language or any meaning in relation to applicant’s goods. 37 C.F.R. Section 2.61(b).
/James T. Griffin/
Examining Attorney, Law Office 103
703-308-9103, ext. 126 (voice)
703-746-8103 (faxed responses)
ecom103@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.