UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/615015
APPLICANT: HILTON, PARIS
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: THAT'S HOT
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CORRESPONDENT’S REFERENCE/DOCKET NO: 65255-1008
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 76/615015
NOTICE OF SUSPENSION
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 78/491888
Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application(s) is attached. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.
Regarding Class 9, the Office records have been searched and no additional similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The wording “electronic organizer devices” in the identification of goods is unacceptable as indefinite. TMEP §1402.01. The applicant may adopt the following identification, if accurate:
Class 9 – Electronic devices, namely, cellular telephones, CD players, cassette players, digital audio file players, DVD players, headphones, hand-held personal digital assistant/electronic organizers; hand-held unit for playing electronic games; electronic gambling machines, namely, slot machines with or without video output; video game software; computer game programs; video game machines for use with televisions; computer game equipment containing memory devices, namely discs and cartridges.
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.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
The applicant’s mark was filed in “typed form.” As of November 2, 2003, the rules pertaining to drawings in trademark applications changed. “Typed form” is no longer a recognizable drawing format; what was typed form is now considered “standard character.” Marks formerly filed with typed form drawings now must be filed with a “standard character claim.”
When the applicant files a mark with a standard character drawing, the applicant must submit a standard character claim. 37 C.F.R. §2.52(a); TMEP §807.03(a).
As previously stated, the applicant must submit the following standard character claim:
“The mark is presented in standard character format without claim to any particular font, style, size or color.”
/Matthew J. Pappas/
Law Office 107
HELP LINE: 571/272-9250
matthew.pappas@uspto.gov (informal)
571/272-9206 phone
571/273-9107 fax