UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/603202
APPLICANT: Cricket Communications, 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: CRICKET
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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 76/603202
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH OF OFFICE RECORDS
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. §1052(d). TMEP §704.02.
INFORMALITIES
The applicant must respond to the following informalities within six months or the application will be abandoned:
If the applicant is the owner of Registration Nos. 2359370, 2363821, 2363820 and others, the applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812.
The recitation of services is unacceptable as indefinite and is properly classified in more than one International Class. Providing access to directory services is ambiguous. It is unclear if the applicant is providing telecommunications services or directory services. The applicant may adopt the following recitation, if accurate:
Providing on-line directory information and telephone directory services by telephone, cable, satellite, wireless and handheld and PDA devices and the Internet (in International Class 35);
Telecommunications services, namely, local, long distance and international transmission of voice, data, text, facsimile, video, advertising, gaming, and graphics, by means of telephone, cable, satellite, wireless and handheld and PDA devices and the Internet; electronic mail and voice messaging services, namely, recording, storage and subsequent transmission of messages by telephone, cable, satellite, wireless and handheld and PDA devices the Internet; computer-aided transmission of messages and images; transmitting streamed sound and audio-visual recordings via telephone, cable, satellite, wireless and handheld and PDA devices and the Internet; paging services; electronic exchange of data stored in databases via telephone, cable satellite, wireless and handheld and PDA devices and the Internet (in International Class 38). 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.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. The applicant has paid for 3 class(es) to date.
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.
/wgb/
William Breckenfeld
Trademark Attorney
Law Office 116
571-272-9133 Phone
571-273-9116 Fax (Official Responses)
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.