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  76/515043

 

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

 

Search Results

Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), the examining attorney encloses information regarding pending Application Serial Nos. 76412137 and 76440812.  37 C.F.R. §2.83. 

 

Please note that the address of the owner of Serial No. 76440812 is the same as the Applicant; however, the name of the owner is different.  The applicant must provide information explaining this inconsistency and should note that name changes must be filed with the Assignment Branch of the Trademark Office.

 

There may be a likelihood of confusion between the applicant’s mark and the marks in the above noted applications under Section 2(d) of the Act.  The filing dates of the referenced applications precede the applicant’s filing date.  If one or more of these earlier‑filed applications matures into a registration, the examining attorney may refuse registration under Section 2(d).

Action on this application will be suspended pending the disposition of Application Serial No(s). 76412137 and 76440812, upon receipt of the applicant’s response resolving the following.

 

Identification of Goods Unacceptable-Indefinite in Part

The wording “INCLUDING VIDEO, VOICE AND DATA TRANSMISSION AND/OR RECEPTION WITH CAPABILITIES FOR LOCAL AND REMOTE SURVEILLANCE RECORDING AND REMOTE DATA ACQUISITION AND CONTROL OF EXTERNAL ELECTROMECHANICAL DEVICES” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to delete the indefinite wording “including” and to exclusively specify the commercial identification of the goods.  Transmission services are generally in Class 38; surveillance monitoring services of http://atlas/netacgi/ - h20http://atlas/netacgi/ - h22security systems are in Class 45.  If this wording is intended to identify feature, functions, attributes and the like of the identified goods, then the applicant must amend the identification to so clarify.  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.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone, e-mail or fax the assigned examining attorney.

 

/DominicJFerraiuolo/

Trademark Examining Attorney

Law Office 102

e-mail: ecom102@uspto.gov

(703) 920-1480

fax: (703) 746-8102

 

 

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.