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  76/534772

 

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

 

I.            OFFICE RECORDS

 

             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.

 

II.        FEES PAID PER CLASS

 

            The application identifies goods that may be classified in more than one international class.   Effective January 1, 2003, the filing fee is $335.00 for each class.  37 C.F.R. Section 2.6(a)(1). Therefore, the applicant must either:  (1) restrict the application to the number of classes covered by the fee already paid, or (2) pay the required fee for each additional class.  37 C.F.R. Section 2.86(b); TMEP sections 810.01 and 1113.01. 

 

 

III.       IDENTIFICATION OF GOODS

 

            The identification of goods is unacceptable as indefinite and because the goods are classified in more than one international class.  TMEP section 804.  The applicant may, for example, adopt the following identification, if accurate:

 

In International Class 9;  computer games programs; video games machines for use with television sets.

 

In International Class 28;  stand-alone video games machines; hand-held units for playing electronic games; board games and instructions sold as a unit therewith; role-playing games and scenarios for use therewith; accessories for role-playing games, namely, ____(indicate the nature of the accessories, e.g., game pieces sold as a unit therewith); card games; dice; equipment sold as a unit for playing board and card games, namely, game pieces; toys, namely, action figures; board games and dice for use therewith; miniature collectible toy figures; playing cards and instruction manuals sold therewith.

 

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 that are not within the scope of goods set forth in the present identification.

 

             For the applicant’s convenience, the Trademark Acceptable Identification of Goods and Services Manual can be found online at: http://www.uspto.gov/web/offices/tac/doc/gsmanual/.  It offers a searchable list of acceptable identifications and classifications, and although it is not an exhaustive list, it is nonetheless a very useful guide in formulating acceptable identifications. 

 

IV.            CONCLUSION

 

            All of the issues raised can be resolved by telephone.  Accordingly, the applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

 

 

 

/Nicholas K.D. Altree/

Trademark Attorney

Law Office 108

(703) 308-9108, ext. 132

Fax: (703) 746-8108

ecom108@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.