Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/611739

 

PLEASE NOTE:  Applicant is encouraged to telephone the trademark examining attorney to resolve the issues raised below.

 

This letter responds to the applicant's communication filed on October 18, 2005.

 

The claim of ownership, the recitation of services and the declaration are acceptable.

 

The requirement to amend the identification of goods is maintained and made FINAL.

 

IDENTIFICATION OF GOODS---FINAL

The proposed amendment of the identification is unacceptable because the applicant has deleted the restrictive wording “Computer security products and related software” “computer and network information products and related software” that was set forth in the application at the time of filing.  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 et seq. and 1402.07.

 

The wording “used in electronic security, electronic security management, electronic security applications” in the identification of goods is unacceptable as indefinite because function of the software is unclear.  The applicant must amend the identification to better specify the security function of the software.  TMEP §1402.01.

 

The wording “for use in electronic security” in the identification of goods is unacceptable as indefinite because function of the firmware is unclear.  The applicant must amend the identification to better specify the security function of the firmware.  TMEP §1402.01.

 

The applicant may adopt the following identification of goods, if accurate:

 

Computer security products, namely, computer hardware and related software for compliance management and risk analysis in the fields of computer and network security, for electronic email, virus, firewall and spyware security, electronic email, virus, firewall and spyware security management, electronic decryption security applications, for the administration of digital certificates, public key infrastructures, electronic signatures, and cryptography; computer encryption software for secure sales and controlled distribution of content over local area networks, wide area networks, and global computer information networks; computer firmware for use in public key infrastructure, electronic email, virus, firewall and spyware security, electronic signatures, database management, and cryptography, and instruction manuals sold as a unit; computer and network information software, namely computer operating systems, in international Class 9.

 

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 that are not within the scope of goods set forth in the present identification.

 

PLEASE NOTE:  Applicant is encouraged to telephone the trademark examining attorney to resolve the issues raised above.

 

The only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Commissioner if permitted by 37 C.F.R. Section 2.63(b). 37 C.F.R. Section 2.64(a).  Regarding petitions to the Commissioner, see 37 C.F.R. Section 2.146; TMEP sections 1702 and 1704.  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. Section 2.65(a). 

 

 

Scott Baldwin /sb/

571-272-9398

LO: 112

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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