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  76/488213

 

This letter responds to the applicant’s communication filed on February 13, 2004.  The foreign registration and the information regarding the significance of the mark are acceptable.  However, as discussed below, the requirement for a definite identification of goods is continued and made FINAL.

 

Identification of Goods Requirement Made Final

The current wording used to describe the goods needs clarification because it is vague. Applicant may adopt the following identification of goods, if accurate:   

Electrical, electronic, signal and monitoring apparatus, namely, electroacoustical instruments and parts thereof, namely, [must specify common commercial names of goods]; apparatus for receiving, transmitting and reproducing audio signals and parts thereof, namely, [must specify common commercial names of goods, e.g., audio receivers]; radio transmitters, high-frequency audio receivers, high-frequency input modules, namely, [must specify common commercial name of goods] for providing a harmonious sound balance; apparatus for recording and reproducing electrical signals, namely, sound signals, namely, [must specify common commercial names of goods, e.g., digital audio tape recorders]; apparatus for wireless transmission of acoustic information, namely, [must specify common commercial names of goods]; prerecorded magnetic data carriers, namely, data cartridges, CD-ROMS, diskettes, disks, tapes, featuring [indicate subject matter]; electroacoustical and visual, identifiable guide systems comprised of sound signal receivers, audio transmitters and headphones for providing verbal information in single or multiple language format, namely, [must specify common commercial names of goods]; apparatus for broadcasting, transmitting and receiving sound signals or video signals, namely, high frequency sound transmission apparatus such as pocket transmitters and pocket receivers, namely, [must specify common commercial names of goods]; pocket radio transmitters and pocket audio receivers for UHF and VHF ranges; diversity audio receivers and small audio receivers; live news coverage apparatus, namely, broadband radio transmitters with command audio receivers, backward channel radio transmitters, diversity program audio receivers, and command radio transmitters; antennas; apparatus for narrow-band and broadband systems in sound transmission engineering, namely, radio transmitters, pocket radio transmitters and pocket audio receivers; radio transmitters, namely, multichannel radio transmitters and single-channel radio transmitters, infrared radio transmitters; audio receiver, namely, mulitchannel, single-channel and two-channel audio receiver; headphone audio receivers; chin-strap audio receivers; apparatus for sound transmission and sound reproduction, namely, [must specify common commercial name of goods]; infrared and high-frequency audio transmitters and audio receivers, namely, audio mono-receivers, stereo audio receivers, two-channel audio receivers, and chin-strap audio receivers; connectors for listening and speaking devices, namely, [must specify nature of goods]; instruments for communications engineering systems, namely, communications headsets and headphones for use in conferences and simultaneous translations, all areas of telecommunications, airlines and air traffic control, news reporting and military communications; microphones with integrated transmitters, namely, condenser microphones with built-in high frequency transmitters, soloist microphones, pressure microphones, switchable microphones, interface microphones, electret microphones, headset microphones, gooseneck microphones, directional tube microphones, wireless microphones, clip-on microphones; microphone parts, namely, microphone diaphragma capsules, omni-directional electret microphone capsules, omni-directional foil electret capsules, microphone modules effected through computer aided acoustic design and laser interferometry techniques, microphone terminal distributors, and microphone sleeves [greater specificity required for these goods to ensure proper classification]; electroacoustic transducers, namely, headphones, dynamic headphones, electrostatic headphones, wireless headphones, headphones for use in aircraft, busses and trains, namely, with infrared transmission or high frequency transmission, headphones and headsets with and without active noise compensation, and loudspeakers; parts and accessories for electroacoustic transducers and headphones, namely, ear pads, volume controls, amplifiers, namely high-end and tube amplifiers, batteries, battery chargers, and cable connectors, in Class 9. 

 

TMEP §1402.01.

 The proposed amendment to the identification cannot be accepted because the wording "software recorded on tapes, diskettes tapes, disks for controlling, tuning, monitoring and demonstrating signal transmissions” and “computer software for such systems for controlling, tuning and monitoring” refers to goods that are not within the scope of the identification that was set forth in the application at the time of filing.  While the identification of goods and/or services may be amended to clarify or limit the goods and/or services, additions to the identification or a broadening of the scope of the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §§1402.06 et seq. and 1402.07.  Therefore, this wording should be deleted from the identification.

 This is not an exhaustive list of possible identifications.  For more options, please review the acceptable identifications and classifications at www.uspto.gov.

 

Response to a Final Action

Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Commissioner if permitted by 37 C.F.R. Section 2.63(b). 37 C.F.R. Section 2.64(a).  Regarding petitions to the Commissioner, see 37 C.F.R. Section 2.146; TMEP sections 1702 and 1704.  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. Section 2.65(a).

 

 

/James T. Griffin/

Examining Attorney, Law Office 103

703-308-9103, ext. 126

jim.griffin@uspto.gov

(unofficial communications only)

 

 

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 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.