UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/530986
APPLICANT: Hobbes Computer Network Accessories Corp ETC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: HOBBES
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CORRESPONDENT’S REFERENCE/DOCKET NO: 10013-02
CORRESPONDENT EMAIL ADDRESS: |
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.
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Serial Number 76/530986
This letter responds to the applicant’s communication filed on 8/9/04.
The 2f claim has been accepted. The refusal under Trademark Act Section 2(e)(4) has been withdrawn.
The requirement that applicant amend the identification of goods is continued and made FINAL for the following reason.
The proposed amendment of the identification is unacceptable because the wording “Test meters, namely, metal wire continuity testers, metal wire tracers” designates goods that are not within the scope of the identification that was set forth in the application at the time of filing. 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 et seq. and 1402.07. The identification in the application limited the goods to Test meters, namely, copper wire continuity testers, copper wire tracers. To amend to metal goods in general is beyond the scope of the goods listed in the application.
The applicant may adopt the following identification, if accurate: Test meters, namely, copper wire continuity testers, copper wire tracers, fiber optic continuity testers, LAN device verifiers, wireless LAN signal detectors; power management equipment, namely, voltage surge suppressors and power strips, in International 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.
Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. §2.64(a). If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
To reach the undersigned attorney by telephone after October 25, 2004, please call (571) 272 - 9199. Thank you.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Priscilla Milton/
Examining Attorney
Law Office 110
(703) 308-9110 Ext. 423
After November 2, 2004 (571) 272-9199
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 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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.