UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/597546
APPLICANT: Initial Technology, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: INITIAL
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/597546
The assigned examining attorney has reviewed the referenced application and determined the following.
Search of Office Records -- Pending Applications
Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), the examining attorney encloses information regarding pending Application Serial Nos. 78/188609, and 79005219. 37 C.F.R. Section 2.83.
There may be a likelihood of confusion between the applicant's mark and the mark in the above noted applications under Section 2(d) of the Act. The filing date of the referenced applications precede the applicant's filing date. If the earlier‑filed applications mature into registrations, the examining attorney may refuse registration under Section 2(d).
Identification of Goods
The identification of goods is unacceptable as indefinite. Accordingly, the applicant must amend the wording of the identification of goods as indicated. TMEP sections 1402.01.
Entertainment units – The applicant must amend this wording in each instance in which it appears in the identification and clarify the nature of the goods.
Home theater systems – The applicant must amend this wording to indicate the goods of which the systems are comprised.
For example, the wording may be amended as follows:
- apparatus for recording and transmission of sound and images; namely, DVD machines, digital consumer entertainment units in the nature of digital music recorders and players, digital music recorders and players, portable video and audio entertainment units in the nature of digital video cameras, video and audio entertainment units for vehicles in the nature of DVD players for cars, audio speakers, home theater systems comprised of __________ [identify specific goods], video or computer monitors, LCD televisions, LCD television combined with DVD machine, and related accessories; namely, power cables and adapters batteries, carrying cases, AV cables, remote controls, and headphones.
In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases. If the applicant chooses to use indefinite terms, such as "accessories," "components," "devices," "equipment," "materials," "parts," "systems" and "products," then those words must be followed by the word "namely" and the goods listed by their common commercial names. TMEP sections 1402.01 and 1402.03(a).
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. Section 2.71(a); TMEP section 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.
Advisory Note: Ownership of Prior-Filed Application
Applicant’s claim of ownership of Application Serial No. 76/378503 will not be printed on any registration which may issue from this application because only claims of ownership of pertinent live registrations are printed. If the claimed pending application registers before this application, then applicant may claim ownership of it by registration number. 37 C.F.R. §2.36; TMEP §812.
Responding to This Office Action
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.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
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.
/Susan Kastriner Lawrence/
Trademark Attorney
Law Office 115
(571) 272-9186
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.