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  77/002096

 

The assigned trademark examining attorney has reviewed the referenced application and has determined the following:

 

No Conflicting Marks

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. Section 1052(d).  TMEP section 1105.01.

Identification of Goods-Class 9 Goods Only

The wording "personal communication services headsets…” in the identification of goods needs clarification because the use of these goods is not specified.  In addition, applicant must specify the items comprising the “accessories” by their common commercial name.  Applicant must amend the identification of goods to specify the common commercial or generic name for the goods.  If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.  TMEP §1402.01.

 

In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names.  TMEP §§1402.01 and 1402.03(a).

 

Applicant may adopt the following identification of goods, if accurate: 

 

Wireless communication apparatus, namely, cellular telephones, wireless local loop telephones and personal communication services headsets for use with [indicate use, e.g., communication radios, intercom systems or other communications network transceivers] and manuals and accessories namely, [specify items by their common commercial name] sold as a unit therewith; telephone accessories, namely, batteries, battery chargers, external microphones, carrying cases, belt clips and external antenna connectors; integrated wireless communication, computing, recording and photographing apparatus namely, modems, cellular telephones, wireless local loop telephones and personal communication headsets for use with a computer or personal digital assistant (PDA) device and manuals and accessories namely, [specify items by their common commercial name] sold as a unit therewith in Class 9.  TMEP § 1402.01.

 

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.

 

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.

 

Response-Partial Abandonment Advisory

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application: 

 

Wireless communication apparatus, namely, cellular telephones, wireless local loop telephones and personal communication services headsets with manuals and accessories sold as a unit therewith;

 

integrated wireless communication, computing, recording and photographing apparatus namely, modems, cellular telephones, wireless local loop telephones and personal communication headsets combined with a computer or personal digital assistant (PDA) device with manuals and accessories sold as a unit therewith.

The application will then proceed with the remaining goods and services only.  37 C.F.R. §2.65(a).

 

 

 

/michele-lynnswain/

Michele-Lynn Swain

Examining Attorney, LO 116

PH(571) 272-9232

FX(571) 273-9116

 

 

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.