UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

FINAL 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  76/494850

 

The examining attorney makes FINAL the following requirements, which were not addressed by the applicant’s response dated December 8, 2003 and which could not be resolved by the Examiner’s Amendment dated January 26, 2004:

 

Identification of Goods

The examining attorney makes FINAL the requirement for proper amendment to the identification of goods with respect to the electronic books recorded on computer media.  The applicant must provide the subject matter of those books.   

 

The applicant may adopt the following if accurate:

 

ELECTRONIC BLACKBOARD FOR DISPLAYING GRAPHICS; ELECTRONIC ADVERTISING BOARD FOR DISPLAYING GRAPHICS; PRINTERS FOR USE WITH COMPUTERS; MEMORY CARDS; READ ONLY MEMORY CARDS; MICROCOMPUTER; COMPUTER MAINFRAME; MICROPROCESSORS; COMPUTER HARD DRIVES; READ-ONLY STORAGE, NAMELY BLANK MAGNETIC DISKS; DATA PROCESSORS; CENTRAL PROCESSING UNITS; DATA READ AND ACCESS UNITS; DATA READ AND ACCESS UNITS, NAMELY, DATA RECEIVERS; MAGNETIC MEMORY CARDS; HARDWARE BLANK DISKS; INKJET PRINTER; MICROCOMPUTER PROCESSORS; PROGRAMMABLE DATA ACCESS PROCESSOR; COMPUTER; OPTICAL DISK PLAYER; COMPUTER DISK DRIVER; HOUSEHOLD COMPUTER; NOTEBOOK-TYPE COMPUTER; COMPUTER DATA STORAGE MEMORY DEVICE, NAMELY, READ ONLY MEMORY CARDS; HAND-HELD COMPUTER; RANDOM ACCESS MEMORY CARD; FLASH MEMORY CARDS; DRAWABLE COMPUTER DISKS; PRINTERS; FIRMWARE FOR GENERAL DATABASE MANAGEMENT; PERSONAL COMPUTER; COMPUTER HARDWARE, NAMELY COMPUTER SERVER; LIGHT-EMITTING ELECTRONIC POINTERS NOT FOR MEDICAL USE; BLANK OPTICAL DISK; FLASH CARD READERS; MAGNETIC CODED CARD READER; CD-RW COMPUTER DRIVER; MATHEMATICAL APPARATUS, NAMELY, CALCULATORS; VIDEO GRAPHIC RECORDER; CODE PEN FUNCTIONING AS A READER FOR RAM; COMPUTER SOFTWARE FOR LANGUAGE COMPILING; DATA PROCESSING EQUIPMENT, NAMELY, SCANNERS; ELECTRONIC NOTE-BOOK COMPUTER; ELECTRONIC BOOKS RECORDED ON COMPUTER MEDIA IN THE FIELD OF {INDICATE SUBJECT MATTER, E.G., FINANCES, LAW, COMPUTERS}; PERSONAL DIGITAL ASSISTANT; PRERECORDED MAGNETIC DATA CARRIERS; OPTICAL CHARACTER CARD READERS; DIGITAL VIDEO STORAGE UNIT, NAMELY, BLANK VIDEO DISKS; CD-RW COMPUTER HARD DRIVES; BLANK INTERFACE CIRCUIT CARD FOR COMPUTER; FLOATING POINT COMPUTER CHIPS; MEMORY CARDS FOR CONTROLLING PRINTERS; COMPUTER MEMORY CARDS FOR CONTROLLING PLOTTER; READ-ONLY MEMORY COMPUTER CHIP; MOTHER BOARD; ACCELERATOR BLANK CIRCUIT CARDS FOR COMPUTERS; BLANK GRAPHIC ACCELERATOR CIRCUIT CARD FOR COMPUTERS; BLANK IMAGE CIRCUIT CARDS FOR COMPUTERS; BLANK IMAGE CATCH CIRCUIT CARDS FOR COMPUTERS; GRAPHIC CARD. BLANK AUDIO CARDS FOR COMPUTERS; BLANK EXTRACT MEMORY CARDS FOR COMPUTERS; VIDEO MEMORY CARDS FOR COMPUTERS; FAX MACHINE MEMORY CARDS; EXTEND MEMORY CARDS; COMPUTER MEMORY CARDS; PHOTOGRAPHIC CAMERA; COLOR FILM PROCESSORS; MINIATURE FILM VIDEO AND DIGITAL READER; MOVIE, PHOTOGRAPHIC AND SLIDE PROJECTOR AND SUPPLIES SAID GOODS, NAMELY, CINEMATOGRAPHIC FILM; ELECTRON CAMERA; INTRUDER DETECTION AND MONITORING TV CAMERA AND EQUIPMENT, NAMELY, BLANK RECORDING VIDEOTAPES; VIDEO AND CASSETTE TAPE RECORDER; DIGITAL VIDEO CAMERA; DIGITAL CAMERA; COLOR MONITORING CAMERA; CINEMATOGRAPHIC APPARATUS AND EQUIPMENT, NAMELY, VIDEO TAPE RECORDER VIDEO PROJECTOR; AUDIO AND VIDEO COMPACT DISC PLAYER; AUDIO AND VIDEO DIGITAL CD PLAYER; VEHICLE RADIOS; AUDIO RECORDER, VIDEO RECORDER; MICROSCOPE; COSMOGRAPHIC INSTRUMENTS, NAMELY TELESCOPES; AMUSEMENT APPARATUS ADAPTED FOR USE WITH TELEVISION RECEIVERS ONLY, NAMELY, VIDEO GAME MACHINES FOR USE WITH TELEVISIONS; MEDIA FAX DEVICE, NAMELY, FACSIMILE TRANSMISSION MACHINES; VIDEO TELEPHONES; PORTABLE TELEPHONES; VIDEO CONFERENCE DEVICE, NAMELY, VIDEOPHONES; GLOBAL POSITIONING SYSTEM RECEIVER; GLOBAL POSITIONING SYSTEM LAUNCHER; SEMICONDUCTORS; SEMICONDUCTORS CHIPS; SILICON TRANSISTOR; SILICON CHIPS; INTEGRATED CIRCUITS; MICRO PROCESSING COMPUTER CHIP; BLANK INTEGRATED CIRCUIT BOARD; MAGNETIC ENCODER; COMPUTER PROGRAM FOR GENERAL DATABASE MANAGEMENT; COMPUTER SOFTWARE FOR FUNCTIONING AS SPREADSHEET SOFTWARE FOR THE COLLECTION OF DATA; MAGNETIC DATA MEDIA, NAMELY, BLANK MAGNETIC COMPUTER TAPES; BAR CODE READERS; CHROMATOGRAPHY APPARATUS FOR LABORATORY USE, NAMELY, GAS CHROMATOGRAPHY APPARATUS. (CLASS 9).

 

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 that are not within the scope of goods set forth in the present identification.

 

Applicant may respond to this final action by either:  (1) submitting a timely response that fully satisfies any outstanding requirements, if feasible; (2) timely filing an appeal of this final action to the Trademark Trial and Appeal Board; or (3) timely filing a petition to the Director if permitted by 37 C.F.R. §2.63(b).  37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, See 37 C.F.R. §2.146 and TMEP Chapter 1700.

 

If applicant fails to respond within six months of the mailing date of this final action, then the goods to which the final refusal(s) and/or requirement(s) apply will be deleted from the application.  The application will proceed forward for the remaining goods only.  37 C.F.R. §2.65(a).

 

 

/Linda M. Estrada/

Trademark Attorney, Law Office 105

(703) 308-9105, ext. 242

(703) 872-9825 Fax

ecom105@uspto.gov

 

 

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.

 

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.