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  76/537577

 

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

 

Search of 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. §1052(d).  TMEP §704.02.

 

Entity Omitted

The applicant must indicate what type of entity is applying, for example, an individual, partnership, corporation or joint venture.  37 C.F.R. §2.32(a)(3); TMEP §803.03.

 

Identification of Goods

The identification of goods is unacceptable as indefinite because the wording “Connectors and connection systems; coaxial connectors; coaxial cables; attenuators; loads; ultra high frequency components with coaxial and wave guide structure; lighting conductors (rods); ultra high frequency electric relays and aerials” is too vague since it includes items that need further clarification. Terms like “connection systems” “ultra high frequency components”, etc. are too broad. The applicant must also indicate what loads and relays are as well. The applicant must clarify the goods by common commercial name. The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods.

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.  The applicant may adopt the following identification, if accurate:  

“Electrical connectors coaxial cable connectors; coaxial cables; attenuators; loads; ultra high frequency components with coaxial and wave guide structure; lighting conductors, namely, lightning rods; ultra high frequency electric aerials.” International Class 9.

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(a); 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.

Requirement For Information

The examining attorney requires information about the goods to determine whether all or part of the mark is merely descriptive as applied to the goods.  TMEP sec. 1105.02.  The applicant must provide product information for the goods.  This may take the form of a fact sheet, instruction manual, or advertisement.  If unavailable, the applicant should submit the information for goods of the same type, explaining how its own product will differ.  If the goods feature new technology and no competing goods are available, the applicant must provide a detailed factual description of the goods. The applicant must specifically indicate what each term in the mark means with respect to the goods. 

In all cases, the submitted factual information must make clear how the goods operate, its salient features, and its prospective customer and/or channel of trade.  This information is not readily available to the examining attorney, and is pertinent to the descriptiveness determination.  Conclusory statements from the applicant or its attorney regarding the descriptiveness standard will not be sufficient to meet this requirement for information.

Trademark Rule 2.61(b) states "The examiner may require the applicant to furnish such information and exhibits as may be reasonably necessary to the proper examination of the application".  The Trademark Trial and Appeal Board has upheld a refusal of registration based on the applicant's failure to provide information requested under this rule.  In re Babies Beat Inc., 13 USPQ2d 1729 (TTAB 1990)(failure to submit patent information regarding configuration).  

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

 

 

/Giancarlo Castro/

Examining Attorney

Law Office 110

703-308-9110(ext. 290)

 

 

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.

 

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.