UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/535756
APPLICANT: CELESTRON ACQUISITION, LLC
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CORRESPONDENT ADDRESS: ELIZABETH L. SWANSON LAW OFFICES OF ELIZABETH SWANSON 9112 W 25TH ST LOS ANGELES CA 90034-1904
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: CELESTRON
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CORRESPONDENT’S REFERENCE/DOCKET NO: CEL- CEL+DES
CORRESPONDENT EMAIL ADDRESS:
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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 76/535756
The assigned trademark examining attorney has reviewed the referenced application filed on 8/11/03, and has determined the following.
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Identification of Goods
The identification of goods is unacceptable as indefinite because the nature of the goods is unclear from the present record. In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant chooses to use indefinite terms such as "accessories," "components," "devices," "equipment," "materials," "parts," "systems" and "products," then such terms must be followed by the word "namely" and a list of the specific goods identified by their common commercial or generic names. TMEP §§1402.01 and 1402.03(a).
The applicant may adopt the following identification, if accurate:
“telescopes, binoculars, spotting scopes, microscopes, telescope accessories and binoculars accessories, namely, __________ [specify,]” in international class 9. tmep §1402.01.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
Claim of Ownership
If applicant is the owner of U.S. Registration No. 1139857, then applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:
Applicant is the owner of U.S. Registration No. 1139857.
/acm/
Aretha Masterson
Examining Attorney
Law Office 112
703-308-9112, ext. 234
703-308-7184 (fax)
ecom112@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.