UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/573061
APPLICANT: Kopin Corporation
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CORRESPONDENT ADDRESS: HAMILTON, BROOK, SMITH & REYNOLDS, P.C. CONCORD, MASSACHUSETTS 01742-9133
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Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: CYBERBRITE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 0717.0218-00
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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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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/573061
The following issues were discussed in communication with John Dupre on August 23, 2004.
The applicant must submit the following standard character claim: “The mark is presented in standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a).
Identification of Goods
The identification of goods is unacceptable as indefinite. TMEP section 1402. The applicant may, for example, adopt the following recitation, if accurate:
In International Class 9; semiconductor-based light emitting diodes.
Please note that, while an application may be amended to clarify or limit the recitation, additions to the identification are not permitted. 37 C.F.R. Section 2.71; TMEP section 1402. Therefore, the applicant may not amend to include any services that are not within the scope of the goods identified in the present identification.
For the applicant’s convenience, the Trademark Acceptable Identification of Goods and Services Manual can be found online at: http://www.uspto.gov/web/offices/tac/doc/gsmanual/. It offers a searchable list of acceptable identifications and classifications, and although it is not an exhaustive list, it is nonetheless a very useful guide in formulating acceptable identifications.
Conclusion
All of the issues raised can be resolved by telephone. Accordingly, the applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
/Nicholas K.D. Altree/
Trademark Attorney
Law Office 108
(703) 308-9108, ext. 132
Fax: (703) 746-8108
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
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER -- 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.