UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/583255
APPLICANT: GigaMedia Access Corporation
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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CORRESPONDENT’S REFERENCE/DOCKET NO: 61782-027
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 76/583255
The assigned examining attorney has reviewed the referenced application and determined the following.
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 §704.02.
However, in order for the mark to be registerable, the applicant must respond to the following requirements:
Requirements
The applicant must submit a concise description of the mark. 37 C.F.R. §2.37; TMEP §§808 et seq. The statement may be in the following form:
“The mark consists of the stylized representation of a man in a suit with an oversized envelope appearing behind his back.”
Recitation of Services – Indefinite
The identification of goods in Class 009 is acceptable as written. However, the recitation of services is unacceptable as indefinite because it includes services classified in other classes. The underlined services are acceptable as filed. The remaining services require amendment or reclassification as noted.
The applicant may adopt the following recitation, if accurate:
“Technical support services, namely, troubleshooting of problems associated with secure communications software; design, customization, installation, maintenance and updating of computer software; and providing information and technical consulting in the fields of secure communications and Internet security,” in Class 42;
“Computer services, namely, providing secure authentication and verification of messages and transmissions of others,” in Class 45.
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 goods or services that are not within the scope of the goods and services recited in the present identification.
For your assistance and convenience, the “Acceptable Identifications of Goods and Services Manual” may be searched at the Office’s global network computer website address of http://www.gov.uspto.report/main/trademarks.htm.
If applicant prosecutes this application as a combined, or multiple‑class application, then applicant must comply with each of the requirements below for those goods and/or services based on actual use in commerce under Trademark Act Section 1(a):
(1) Applicant must list the goods/services by international class with the classes listed in ascending numerical order;
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date; and
(3) For each additional class of goods and/or services, applicant must submit:
(a) dates of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial application apply to that class; the dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application;
(b) one specimen showing use of the mark for each class of goods and/or services; the specimen must have been in use in commerce at least as early as the filing date of the application;
(c) a statement that “the specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application;” and
(d) verification of the statements in 3(a) and 3(c) in an affidavit or a signed declaration under 37 C.F.R. §2.20. (NOTE: Verification is not required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, or (2) the original specimens are acceptable for the added class.)
37 C.F.R. §§2.6, 2.34(a), 2.59, 2.71(c), and 2.86(a); TMEP §§810.10, 904.09, 1403.01 and 1403.02(c).
Please note that the specimens of record are acceptable for Classes 009, 042 and 045.
Opportunity to Respond
Please note: If the applicant submits a response via TEAS, an electronic signature is required. An applicant, registrant or attorney may sign a TEAS communication by entering a “symbol” that he or she has adopted as a signature between two slashes. In addition, the Office will accept a TEAS communication containing the “/s/” (“/(signature)/”) notation in lieu of a signature. A scanned image of a document signed in ink is also acceptable, as long as the image is attached in .jpg format. TMEP §304.08.
If the applicant has any questions or needs assistance in responding to the Office action, please telephone or email the assigned examining attorney.
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.
/Tricia L. Sonneborn/
Trademark Examining Attorney Law Office 110
Phone: 571.272.9225
Fax: 571.273.9110
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.