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  76/566577

 

The assigned trademark examining attorney has reviewed the referenced application filed on December 23, 2003 and has determined the following.

 

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.  The applicant, however, must respond to the following requirement(s).

 

(a)  Indefinite Identification of Goods

The wording “multi-tasking operating system” in the Class 009 identification of goods needs clarification because it is indefinite and does not state the components of the system. Please note that the remaining classes of goods and services are acceptable as filed.  Applicant may change this wording to the following if accurate.  TMEP §1402.01.

 

Class 009:           Computer hardware, namely, monitors, personal computers, consoles, laser printers, modems, keyboards, hard drives, zip drives, programmable function keys, interface units, surge protectors, connecting cables, and multi-tasking operating systems comprising of [specify components]; compact discs featuring information about florists; computer software for accounting, bookkeeping, cash flow management, sales analysis, special occasion reminder files, direct mail, automating order processing for wire and telephone sales; computer software for creating customer, recipient, order, credit card information and history of purchases databases; computer software for sending and receiving electronic messages, printing detailed order information and printing daily totals to post to ledger; computer software for providing end of day credit card settlements, order histories, and automatic updating of customer profiles, point of sale order entry, inventory control, product procurement, job costing, credit card processing, remote access, marketing, directory product, employee maintenance, accounts payable, payroll and general ledger, wire order reconciliation, address verification, delivery routing and mapping, pool tickets and other business solutions; computer software for facilitating communications on a computer network for sending and receiving messages between retail and businesses.

 

 

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.

 

(b) Insufficient Fee- Submit additional fee(s) or restrict the number of classes

Applicant must clarify the number of classes for which registration is sought.  The submitted filing fees are insufficient to cover all the classes in the application.  Specifically, the application identifies goods and services that are classified in 6 international classes, however applicant paid the fee for only 2 class(es).

 

Applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class.  37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.

 

NOTICE:  TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER  2004

 

The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004.  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, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.

 

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

 

 

 

/Regina C. Hines/

Trademark Attorney LO114

703-308-9112 ext.222

703-746-8114 (Fax)

 

 

 

 

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.