To: | Mountain State Cellular, Inc., d/b/a Mou ETC. (ebolinder@bolinderdunn.com) |
Subject: | TRADEMARK APPLICATION NO. 77002096 - BULLFROG - N/A |
Sent: | 8/15/2007 12:46:38 PM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/002096
MARK: BULLFROG
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Mountain State Cellular, Inc., d/b/a Mou ETC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 8/15/2007
THIS IS A FINAL ACTION.
This letter responds to applicant’s communication filed on August 3, 2007.
The following requirement is maintained and made FINAL.
The wording "personal communication services headsets combined with a computer…” 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
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 communication radios, intercom systems or other communications network transceivers and manuals containing operating instructions 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 with manuals containing operating instructions sold as a unit therewith in Class 9.
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.
Abandonment-Partial
If applicant does not respond within six months of the mailing date of this final action, the following goods which the requirement applies will be deleted from the application by Examiner’s Amendment: personal communication headsets combined with a computer or personal digital assistant (PDA) device with manuals containing operating instructions sold as a unit therewith. The application will proceed forward for the remaining goods and services. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).
Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/Michele-Lynn Swain/
Examining Attorney, LO 116
(PH) 571-272-9232
(FX) 571-273-9116
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.