Tarah:
I'll forward a sample of the mark in use tomorrow.
George Harwood
PC Concepts, Inc.
511-F Fifth Street
San Fernando, California 91340
(818) 837-9495 x202
(818) 837-9526 (Fax)
www.pcconcepts.com
-----Original Message-----
From: ECoM110@USPTO.GOV [mailto:ECoM110@USPTO.GOV]
Sent: Monday, September 29, 2003 12:04 PM
To: harwoodg@pacbell.net
Subject: TRADEMARK APPLICATION NO. 76505204 - DIGITALSONICS - N/A
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/505204
APPLICANT: Harwood, George
CORRESPONDENT ADDRESS:
GEORGE HARWOOD
4256 LANKERSHIM BLVD
N HOLLYWOOD CA 91602-2742
RETURN ADDRESS:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, VA 22202-3514
ecom110@uspto.gov
MARK: DIGITALSONICS
CORRESPONDENT'S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
harwoodg@pacbell.net
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.
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 76/505204
The assigned examining attorney has reviewed the referenced application
and
determined the following.
No Conflicting Marks Found
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.
Specimen
The specimen is unacceptable as evidence of actual trademark use because
it
does not show use of the mark on the goods themselves or packaging for
the
goods. The applicant must submit a specimen showing the mark as used in
commerce. 37 C.F.R. §2.56. Examples of acceptable specimens are tags,
labels, instruction manuals, containers or photographs that show the
mark on
the goods or packaging. TMEP §904.04 et seq. The applicant must
verify,
with an affidavit or a declaration under 37 C.F.R. §2.20, that the
substitute specimen was in use in commerce at least as early as the
filing
date of the application. Jim Dandy Co. v. Siler City Mills, Inc., 209
USPQ
764 (TTAB 1981); 37 C.F.R. §2.59(a); TMEP §904.09.
The statement supporting use of the substitute specimen must read as
follows:
The substitute specimen was in use in commerce at least as early as the
filing date of the application.
The applicant must sign this statement either in affidavit form or with
a
declaration under 37 C.F.R. §2.20; TMEP §904.09.
The following is a properly worded declaration under 37 C.F.R. §2.20.
At
the end of the response, the applicant should insert the declaration
signed
by a person authorized to sign under 37 C.F.R. §2.33(a).
The undersigned, being hereby warned that willful false statements and
the
like so made are punishable by fine or imprisonment, or both, under 18
U.S.C. §1001, and that such willful false statements may jeopardize the
validity of the application or any resulting registration, declares that
the
facts set forth in this application are true; all statements made of
his/her
own knowledge are true; and all statements made on information and
belief
are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
Identification of Goods
The identification of goods is unacceptable as indefinite. The
applicant
must identify the goods with more specificity. The applicant may adopt
the
following identification, if accurate:
Printed newsletters, manuals and data sheets containing information
relating
to audio speakers, in International Class 16.
The applicant may wish to consult the on-line identification manual on
the
PTO homepage for acceptable common names of goods and services.
http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/
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.
Use of a mark on letterhead, literature, and advertisements is not
trademark
use because these items are not goods that an applicant provides to
others,
but rather incidental items used in conducting a business enterprise.
TMEP
§§1202.06 et seq. Therefore, the applicant must amend the
identification to
delete any items used merely to conduct a business. Trademark Act
Sections
1, 2 and 45, 15 U.S.C. §§1051, 1052 and 1127; TMEP §1202.06(b).
Disclaimer Unnecessary
Please note that the disclaimer for the terms DIGITAL SONIC will not be
printed on the registration certificate because the terms are used in a
unitary manner in the mark.
If the applicant has any questions or needs assistance in responding to
this
Office action, please telephone the assigned examining attorney.
/thl/
Tarah K. Hardy Ludlow
Trademark Attorney
Law Office 110
(703) 308-9110, x. 223
(703) 746-6493 fax
ecom110@uspto.gov (for formal responses)
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
<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
<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/ <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
<http://www.gov.uspto.report/main/trademarks.htm>
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE
ASSIGNED EXAMINING ATTORNEY.