Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

This letter corresponds with applicant’s response to office action submitted on October 12, 2010. In that letter applicant argued against the Section 2(d) refusal. The section 2(d) refusal has been withdrawn. In addition, applicant amended the identification of goods and submitted acceptable specimens of use. Please note that the identification of goods is still unacceptable for the reasons set out below.

IDENTIFICATION OF GOODS

The identification of goods is indefinite and must be clarified. See TMEP §1402.01. Applicant must specify the common commercial or generic name for the goods.

Applicant may adopt the following identification, if accurate:

International Class 9: Electronic garage door openers; electronic garage door control systems, namely, remote control for garage doors, keyless entry systems, comprised of microprocessors, electronic signal receivers and keyfobs with electronic signal transponders; garage door sensors; garage door monitoring control systems comprised of sensors, consoles, receivers, garage door openers and remote controls; wall consoles and switches used in the operation of garage door openers; electronic regulating and control devices for the operation of lights and lighting systems; remote electronic lighting controls; electric transmitters, receivers, sensors and wall consoles and dimmers used in the operating of lights and lighting systems. Home and office automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, fans, fireplaces, HVAC, security, safety and other home and office monitoring and control applications

International Class 11: Electric Lighting Fixtures and lighting fixtures with motion detectors and light sensors

Although identifications of goods may be amended to clarify or limit the goods, adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. 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.

For assistance with identifying and classifying 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. See TMEP §1402.04.

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

/lindaorndorff/

Linda Orndorff

Examining Attorney

Law Office 111

(571)272-5496

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.