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  76/594335

 

Search Results

 

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Action Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 1105.01.  Before the application can proceed to publication, however, certain informalities must be addressed.

 

Identification of Goods/Recitation of Services:  Indefinite Wording

 

The identification of goods and recitation of services are unacceptable as indefinite because certain words are not specific.  The applicant may adopt the following identification, if accurate: 

 

Security systems and devices, namely [specify by common commercial names and function or use, e.g., personal security alarms, motion sensitive security lights, etc.]; remote control systems, namely devices and operators, namely radio transmitters and receivers for remote controls, transceivers, electric or electronic sensors for [indicate property being sensed], electric control panels; electrical and electronic door openers in International Class 009.  TMEP §1402.01.

 

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.

 

Assistance with Identifying Goods and Services

 

For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

Meaning of Words

 

Applicant must specify whether the wording “OTODOR” has any significance in the home and commercial security trade or industry or as applied to the goods/services described in the application.  37 C.F.R. §2.61(b).

 

 

Conclusion

 

No set form is required for response to this Office Action.  The Applicant must respond to each point raised.  The Applicant should simply set forth the required changes or statements and request that the Office enter them.  The Applicant must sign the response.

 

Applicant should include the following information on all correspondence with the Office:  (1) the name and law office number of the trademark examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.  37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

 

If the Applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned Examining Attorney.

 

 

 

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.

 

 

/Timothy J. Finnegan/

Trademark Examiner

Law Office 105

(703) 308-9105 ext. 166

new phone as of 10/28/04

(571) 272-9710

 

 

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.

 

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.