UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/562160
APPLICANT: Sony Kabushiki Kaisha
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: SONY
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CORRESPONDENT’S REFERENCE/DOCKET NO: 7219/71484
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 76/562160
This letter responds to the applicant’s communication filed on December 2, 2004.
The amended recitation of services in Class 36 and standard character claim are accepted and made of record.
The Class 40 services have been deleted.
As stated previously, the services in Classes 35, 38, 39 and 44 are acceptable.
The following requirements are MAINTAINED and made FINAL.
THIS REQUIREMENT APPLIES TO THE SERVICES IN CLASSES 41 and 42.
The amended recitation of services is unacceptable because it classifies some services incorrectly. The applicant may adopt the following recitation, if accurate:
Rental and leasing of audio equipment, video equipment and photographic apparatus, namely cameras, video tape players and/or recorders, video disc players and/or recorders, projectors, video displays and surveillance televisions, for both professional and consumer use in Class 41;
Rental and leasing of personal computers, computer peripherals, audio and video data processors, for both professional and consumer use in Class 42. TMEP §1402.11.
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 services that are not within the scope of the services recited in the present identification.
The requirement for clarification of the services is continued and made FINAL.
If applicant does not respond within six months of the mailing date of this final action, then the following services to which the final requirement applies will be deleted from the application:
Rental and leasing of…computer peripherals, audio and video data processors” and “displays”. The application will proceed forward for the remaining services. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).
Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. 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, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/mls/
Michele-Lynn Swain
Examining Attorney, LO 116
PH(571) 272-9232
FX(571) 273-9116
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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.