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  76/513697

 

The assigned examining attorney has reviewed the referenced application and determined the following:

 

Office Records Searched

 

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. Section 1052(d).  TMEP section 1105.01.

 

However, the applicant should note the following informality:

 

Identification of Goods

 

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. In addition, the applicant’s identification of goods refers to goods not falling within the scope of International Class 9.  Furthermore, the phrase “and/or” fails to clearly indicate 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. Finally, in this context, “other parts and accessories” may refer 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 identifications, if accurate: 

 

Cleaning apparatus for phonograph records, blank record discs, namely, [specify the cleaning apparatus contemplated]; cleaning sprays for phonograph records, extended play records and long playing records, in International Class 3.

 

Mouse pads for computers; mouse for computers; electronic circuits, magnetic discs and magnetic tapes, encoding computer programs for encrypting or decrypting information data; electronic information proving devices, namely, computers and computer peripherals; encrypting and micro programming devices for information processing machines, namely, computers and computer peripherals; straps for cellular phones; instant cameras with unexposed films; slot machines; digital versatile disc recorders; digital versatile disc video recorders; digital versatile disc ROM players; digital versatile disc players; hard disc drive video recorders; hard disc drive recorders; cruise control systems for vehicle; headphones; navigation apparatus for vehicle in the nature of on-board computers; personal stereos; gene chips; tuners for television set; compact disc recorders; compact disc players; broadcasting satellite tuners; broadcast satellite downlink terminals; downloadable computer programs for video game; downloadable electronic publications in the nature of video game and video game software; downloadable video game software; electronic circuits, magnetic discs, magnetic tapes, optical discs, CD-ROMs, magnetic cards, and memory media encoding assemblers, compilers, and computer programs for software development and computer programming in the nature of video game and video game software; encryption devices used for scrambling in telecommunication, namely, computers and computer peripherals; electronic circuits and pre-recorded magnetic discs, optical discs, magnetic optical discs, CD-ROMs, magnetic tapes and digital versatile disc ROMs featuring video game programs for personal use; electronic circuits and pre-recorded magnetic discs, optical discs, magnetic optical discs, CD-ROMs, magnetic tapes and digital versatile disc ROMs featuring video game programs for business use; electronic controllers, joysticks, memory cards, volume controllers, mouse and other parts and accessories for video games with television for personal use, namely, [specify the “other parts and accessories” contemplated]; pre-recorded magnetic discs, optical discs, magnetic optical discs, CD-ROMs, magnetic tapes and digital versatile disc ROMs featuring magazines, books, news papers, maps, pictures, images and literal information about video games used with televisions; apparatus and instruments for scientific research in laboratories, namely, air-gas producers for use in laboratories, constant temperature incubators for use in laboratories, constant humidity incubators for use in laboratories, glassware for scientific experiments in laboratories, porcelain ware for scientific experiments in laboratories, furnaces for scientific experiments in laboratories; educational models and specimens, also known as [give the common commercial names for these “models and specimens”]; measuring apparatus by standard measuring units, namely, temperature indicators, gasometers, thermometers not for medical use, water meters, balances, tape measures, Japanese style box-shaped volume measure, also known as masu, planimeters, [folding, graduated] measuring rules; measuring apparatus by derived measuring units, namely, pressure gauges, level indicators, acoustic meters, tachometers, accelerometers, refractometers, luminoflux meters, photometers, altimeters, hygrometers, illuminometers, vibration level measuring instruments, noisemeters, logs, also known as [give the common commercial name for these goods or explain more fully so that it is clear that the goods fall within the scope of Class 9], speedmeters, calorimeters, viscosimeters, densitometers, gravimeters, aerometers, hydrometers, denamometers, flowmeters; precision measuring machines and instrument, namely, angle gauges, angle dividing machines, spherometers, inclinometers, interferometers, straightness testing machines and instruments, profile projectors, graduation checkers, length measuring gauges, screw-thread measuring machines and instruments, comparators, surface roughness testing machines and instruments, flatness testing machines and instruments; automatic control machines and instruments, namely, automatic pressure control machines and instruments, automatic liquid-flow control machines and instruments, automatic fluid-composition control machines, automatic liquid-level control machines, automatic temperature control machines and instruments, automatic combustion control machines and instruments, automatic vacuum control machines and instruments, automatic calorie control machines and instruments, program control machines and instruments, also known as, [give the common commercial name for these goods or explain more fully so that it is clear that the goods fall within the scope of Class 9]; material testing machines and instruments, namely, compression testing machines for metallic materials, hardness testing machines for metallic materials, strength testing machines for metallic materials, rubber testing machines, concrete testing machines, cement testing machines, textile testing machines, plastic testing machines, lumber testing machines; surveying machines and instruments, namely, alidades, meteorological instruments, base plates for surveying purposes, distance measuring instruments, clinometers, tripods for surveying machines, magnetic compasses for surveying purposes, surveying compass needles, gyrocompasses, magnetic gyrocompasses, photogrammetric instruments, level measuring instruments for surveying purposes, precision theodolites, rod-floats for measuring velocity of water current surveying chains, targets for levelling rods, transits for surveying purposes, levelling rods for surveying purposes, sextants; electronic astronometric measuring machines and instruments, namely, meridian transits, astronomical spectrographs, zenith telescopes; laboratory instruments, namely, thermosensitive sheets for temperature indication; rust formation testing apparatus for use on steel; power distribution and control apparatus, namely, electric switches, electric relays, circuits breakers, power controllers, current rectifiers, electric connectors, electric circuit closers, electric capacitors, electric resistors, local switches, power distributing boxes, switchboards, fuses for electric current, lightning arresters, electric transformers, induction voltage regulators, electric reactors; rotary converters; phase modifiers; dry cells; wet cells; accumulators and batteries; photovoltaic cells; electric or magnetic meters and testers; electric wires; electric cables; photographic apparatus and instruments, namely, tilting heads for cameras, cameras, range finders for cameras; photo-developing, printing, enlarging and finishing apparatus, namely, [specify the main components of the apparatus so that it is clear that the goods fall within the scope of Class 9], tripods for cameras, shutters for cameras, bellows for cameras, spools for cameras, slide projectors, self-timer for cameras, photographic flash units for cameras, flash lamps for cameras, viewfinders for cameras, lens filters for cameras, lens hoods for cameras, flash guns for cameras, film magazines for cameras, shutter releases for cameras, lenses for photographic apparatus, exposure meters; cinematographic apparatus and instruments, namely, movie film projectors, transparent sheets for overhead projectors, movie film processing and finishing apparatus, namely, [specify the main components of the apparatus so that it is clear that the goods fall within the scope of Class 9], cinematographic cameras, projection screens for movie films, movie film editing machines, sound recording apparatus for movies; telescopes; microscopes; eyeglasses and safety goggles; parts and accessories for eyeglasses and goggles, namely, containers for contact lenses, spectacle temples, pince-nez frames, pince-nez chains, pince-nez cords, spectacle cases, spectacle wipes, spectacle glasses, spectacle frames; processed glass not for use in building; life nets; lifebelts; lifejackets; life-buoys; telephone apparatus, namely, intercoms, automatic switching apparatus for telecommunication, manual switching apparatus for telecommunication, telephone sets; wire communication apparatus, namely, teletypewriters, automatic telegraph apparatus, phototelegraphy apparatus, manual telegraph apparatus, trunk exchange apparatus, facsimile machines; frequency-carrier apparatus, namely, audio frequency transmission apparatus, cable-type frequency-carrier apparatus, power-line-type frequency-carrier apparatus, open-wire- type frequency-carrier apparatus, carrier-frequency repeaters; broadcasting apparatus, namely, television receivers, television transmitters, radio receivers, radio transmitters; radio communication apparatus, namely, portable radio communication receivers and transmitters, aeronautical radio communication receivers and transmitters, multi-channel radio communication receivers and transmitters for fixed stations, single-channel radio communication receivers and transmitters for fixed stations, vehicular radio communication receivers and transmitters, marine radio communication receivers and transmitters; radio application apparatus, namely, radio beacon apparatus, radio direction finders, radar apparatus, loran navigation apparatus; audio frequency apparatus, namely, public-address systems, juke boxes, tape recorders, electric phonographs, record players, sound recording apparatus; video frequency apparatus, namely, video-cameras, videodisc players, videotape recorders; parts and accessories for electric communication apparatus and instruments, namely, antennas, cabinets for electrical communication apparatus, coils for electrical communication apparatus, magnetic tape erasers, magnetic tape cleaners, magnetic head erasers, magnetic head cleaners, loudspeakers, electrical connectors for electrical communication apparatus, electric communication apparatus supporting frames comprised of [specify the main components of the apparatus so that it is clear that the goods fall within the scope of Class 9], dials for electric communication apparatus, capacitors for electrical communication apparatus, fuses for electrical communication apparatus, resistors for electrical communication apparatus, blank video tapes, electrical phonomotors, transformers for electrical communication apparatus, protectors for electrical communication apparatus, namely, [specify the main components of the apparatus so that it is clear that the goods fall within the scope of Class 9], microphones for electrical communication apparatus; metronomes; recorded compact discs; computers; electron microscopes; electronic desk calculators; word processors; X-RAY tubes not for medical use; photo-sensitive tubes; vacuum tubes; rectifier tubes; cathode ray tubes; discharge tubes; thermistors; diodes; transistors; electron tubes; semi-conductor devices, namely, semi-conductor elements; integrated circuits; large scale integrated circuits; electric flat irons for household use; electric hair-curlers for household use; electric buzzers for household use; exposed cinematographic films; exposed slide films; transparencies; slide film mounts; encoded video discs and tapes featuring [specify the information encoded on the discs and tapes]; automatic distribution machines, also known as, vending machines; video games with television for personal use, in International Class 9.

 

Pilot lamps for electrical communication apparatus, in International Class 11.

 

[Drafting, drawing, ungraduated] measuring rules; hiding-charts for identifying hiding power of paint, in International Class 16.

 

Archery implements, namely, bowstrings, archery gloves, targets for archery, arrows for archery, quivers for archery, bows for Japanese archery, also known as yumi, bows for archery; backgammon games; balls for games; bar-bells; baseball gloves; bats for games; bells for Christmas trees; billiard balls; billiard cue tips; billiard cues; billiard markers; billiard table cushions; billiard tables; bladders of balls for games; board games; bob-sleighs; body-building apparatus, namely, exercise bars, and exercise benches; bowling apparatus and machinery, namely, bowling gloves, bowling ball cases, bowling balls; boxing gloves; building games; candle holders for Christmas trees; chalk for billiard cues; checkerboards; chess games; chessboards; Christmas tree stands; Christmas trees of synthetic material; clay pigeon traps; climbers' harness; coin-operated billiard tables; conjuring apparatus, namely, magic tricks; cricket bags; cups for dice; darts; decoys for hunting or fishing; dice; discuses for sports; dolls; dolls' beds; dolls' clothes; dolls' feeding bottles; dolls' houses; dolls' rooms; dominoes; draught boards; dumb-bells; edges of skis; electronic targets for game; fencing gauntlets; fencing masks; fencing weapons, namely sabres, epee, foils; fish hooks; fishing tackle; flippers for swimming; floats for fishing; foils for fencing; hand-held typed game with liquid crystal; handy electronic games; gloves for games; golf bags with or without wheels; golf clubs; golf gloves; gut for fishing; gut for rackets; hang gliders; hockey sticks; horseshoe games; ice skates; kite reels; kites; landing nets for anglers; lines for fishing; lures for hunting or fishing; mahjong; marbles for games; marionettes; men's athletic supporters[sports articles]; nets for sports; ninepins; paragliders; parlor games; parlor games; play balloons; playing balls; plush toys; puppets; quoits; rackets; reels for fishing; ring games; rocking horses; rods for fishing; roller skates; rollers for stationary exercise bicycles; sailboards; scale model vehicles; scrapers for skis; shuttlecocks; skateboards; skating boots with skates attached; ski bindings; skis; skittles; sole coverings for skis; stationary exercise bicycles; strings for rackets; surf boards; surf skis; swings; tables for indoor football; tables for table tennis; targets; teddy bears; tennis nets; theatrical masks; toy masks; toy pistols; toy vehicles; toys for domestic pets; twirling batons; waterskis; wax for skis; electronic machines and instruments for amusement parks, namely, coin-operated video games with television, in International Class 28.

 

TMEP section 804.

 

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 804.09.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods or services set forth in the present identification.

 

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

For your convenience, acceptable identifications of goods and services are available on-line at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/search.html.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. For your convenience, current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system.  The information may be accessed by calling (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven‑digit registration number or eight‑digit application number, followed by the "#" symbol, after the welcoming message and tone.  Callers may request information for up to five registration number or application number records per call.

 

__________________________________________

/Ronald E. Aikens/

Trademark Office

Law Office 103

Tel: (703) 308-9103, ext. 128

Fax: (703) 746-6422

Ron.Aikens@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.

 

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.