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. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  76/668599

 

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.   Nevertheless, the applicant must respond to the following issues. 

 

STANDARD CHARACTER DRAWING CLAIM

 

Applicant must submit the following standard character claim:  “The mark consists of standard characters without claim to any particular font, style, size, or color.”  37 C.F.R. §2.52(a); TMEP §807.03(a).

 

 

 

IDENTIFICATION AND CLASSIFICATION OF GOODS

 

The identification of goods is unacceptable as indefinite.  The applicant’ must specifically identify all goods by common commercial name and further, all goods identified as systems must indicate the principal component parts.  Moreover, the items listed identify goods that may be properly classified into more than one international class.  Therefore, by way of example, the applicant may amend the identification to substitute any or all of the following if accurate:

 

International Class 7; Home appliances, namely, washing machines, dishwashers;

 

International Class 9;  Portable audio systems comprised of [indicate, e.g. mp3 players, CD players, headphones, speakers]; speakers; computer systems comprised of [indicate e.g. computers, monitors, modems and peripherals];  Video monitors;  computer hardware; Computer software for {specify the function of the programs, e.g., use in database management, use as a spreadsheet, word processing, etc. and, if software is content- or field-specific, the content or field of use}; Electronic gaming systems comprised of [indicate e.g. gaming machines and gaming software]; Home theater systems composed of [indicate e.g. televisions, video monitors, speakers], telephones, personal security alarms, security cameras, Computer hardware and software used for the control of voice controlled information and communication devices; wireless communication systems comprised of [indicate, e.g. wireless telephones and telephony apparatus]; personal stereos;

 

International Class 11; Home appliances, namely, clothes dryers, refrigerators

 

To the extent the suggested identification is incomplete or inaccurate, the applicant is further advised that the Trademark Acceptable Identification of Goods and Services Manual is accessible via the PTO website at http://www.uspto.gov under the heading Trademark Manuals in the Trademark index page.

 

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.

 

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(b); TMEP §§810.01 and 1403.01.  The filing fee for adding classes to an application is as follows:

 

(a)     $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and

 

(b)    $375 per class, when the fees are submitted with a paper response. 

 

This applies to classes added to pending applications as well as to new applications filed on or after that date.     

 

Please feel free to contact the undersigned attorney if you wish to discuss this application.

 

 

 

 

 

/John S. Yard/

Trademark Examining Attorney

Law Office 115

(571) 272-9486

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• 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.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.