UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

SUSPENSION ACTION

 

Serial Number  76/497126

 

The following responds to the applicant’s communication filed on June 25^th, 2004.

 

The registration of the application was originally denied for the following reasons:

 

1. Requirement for an acceptable identification (with potential additional fees required for a multiple class application);
2. Stippling statement required (if applicable);
3. New drawing required (if applicable).

 

The applicant has indicated that it wishes to maintain its current drawing (which is acceptable under USPTO standards), and has properly included a stippling statement (which has been entered into the record).  The applicant has provided an amended identification, which is seemingly acceptable for International Class 42 and unacceptable (singe portion and inadvertent misspellings – please see below) for International Class 9.

 

The applicant has filed based upon an Intent to Use basis and a Section 44(d) foreign application filing basis, and seemingly wishes to maintain both bases.  As such, the application is hereby SUSPENDED pending the receipt of the foreign registration information.

 

Identification

The applicant has amended its identification to the following:

 

“Computers; computer hardware; microprocessors; circuit boards; computer monitors; blank magnetic data carriers; blank magnetic computer tapes; computer software for use as an operating system, in database management, as multimedia, namely graphics and audio software, for computer games, as a software platform for running other software programs, for music applications, for entertainment, and for a java virtual machine, all that may be downloaded from a global computer network; computer firmware for use as an operating system, in database management, as multimedia, namely graphics and audio software, for computer games, as a software platform for running other software programs, for music applications, for entertainment, and for a java virtual machine, all that may be downloaded form (spelling – “from”) a global computer network; Computer files in the tarn (spelling – likely “form”) of images and audio files that may be used in a MIDI system or to personalize a cell phone; Electronic and electromechanical computer peripherals; computer network systems, namely, computers, computer networking hardware, communications software for connecting computer network users, computer network adapters and computer network hubs, switches and routers; computer programs for use as an operating system, in database management, as multimedia, namely graphics and audio software, for computer games, as a software platform for running other software programs, for music applications, for entertainment, and for a java virtual machine; computer software programs which enable users to access and use various computer programming code languages for use in facilitating computer programming; computer peripherals. magnetically and electronically recorded educational software featuring instruction in computer use and related computer software use; downloadable electronic video recordings featuring instruction on computer use and related computer software use in International Class network” in IC 9;

 

“Computer programming for others; computer consultation; computer software consultation; computer network design for others; computer site design; consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; technical support services, namely, troubleshooting of computer hardware and software problems; web site design; hosting the web sites of others on a computer server for a global computer network; computer services, namely creating indexes of information, sites and other resources available on computer networks; computer service, namely, acting as an application service provider in the field of knowledge management to host computer application software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data arid information; computer services, namely, providing search engines for obtaining data on a global computer network; computer software and hardware design services for others; computer system and network design services for others” in IC 42.

 

The listed “computer files in the form of images and audio files that may be used in a MIDI system or to personalize a cell phone” are slightly ambiguous and require greater specificity regarding the exact nature of the items (which are likely “computer software that contain downloadable computer files in the form of images and audio files that may be used in a MIDI system or to personalize a cell phone” in IC 9).   

 

The applicant should additionally address the inadvertent misspelling of the terms “form” and “tarn.”

 

The Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations.  The TARR database is available 24 hours a day, 7 days a week.  Status and status date information is also available via push-button telephone at (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday. 

 

 

 

 

/CHRISTOPHER S. ADKINS/

christopher.adkins@uspto.gov

Examining Attorney

Law Office 113

(703) 308-9113 ext. 437

 

 

How to respond to this Suspension 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 SUSPENSION ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.