UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

PRIORITY ACTION

 

OFFICE SEARCH:  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 704.02. 

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.  This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

Serial Number  76/552304

 

The following issues were discussed in communication with G. Donald Weber, Jr. on May 13, 2004.

 

DATES OF USE

 

The applicant has specified a date of first use of the mark in commerce which is earlier than the date of first use anywhere.  This is not possible because use in commerce by definition includes use anywhere.  TMEP §903.04.  Therefore, the applicant must amend the dates‑of‑use clause to specify a date of first use anywhere that is not later than the date of first use in commerce.  The applicant must verify this amendment with an affidavit or a declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.71(c); TMEP §§903.04 and 903.05.

 

The following is a properly worded declaration under 37 C.F.R. §2.20.  At the end of the response, the applicant should insert the declaration signed by a person authorized to sign under 37 C.F.R. §2.33(a).

 

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

 

 

_____________________________

(Signature)

 

_____________________________

(Print or Type Name and Position)

 

_____________________________

(Date)

 

 

IDENTIFICATION OF GOODS

 

The identification is unacceptable as indefinite.  Applicant will specify the type of transmitters and the type of receivers.  Applicant may adopt the following:  “ELECTRICAL AND ELECTRONIC COMPONENTS, NAMELY, radio and telephone TRANSMITTERS, telephone, audio and video RECEIVERS, SIGNAL GENERATORS, AND ELECTROMAGNETIC RELAYS,” in 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. §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 the assigned examining attorney.

 

 

 

 

 

/Chrisie Brightmire King/

Examining Attorney

Law Office 103

(703) 534-4197

chrisie.king@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 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