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  77/002632

 

The assigned trademark examining attorney has reviewed the referenced application filed on September 19, 2006, and has determined the following.

IDENTIFICATION/CLASSIFICATION OF GOODS

The identification of goods is unacceptable as indefinite because as worded, the exact nature of the goods is unclear.  Where indicated, the applicant must specify the nature of the goods by its common commercial name.  Additionally, it is unclear as to what the applicant means by cellular phones or wireless devices, i.e., whether the devices relate to the downloadable ringbones or whether the applicant intends that the devices are sold separately.  If the devices are sold separately, the applicant must clarify the exact nature of the wireless devices by its common commercial name. 

 

Applicant must rewrite the identification of goods in its entirety because of the nature and extent of the amendment.  37 C.F.R. §2.74(b).

 

The applicant may adopt any or all of the following identifications, if accurate:

               “Prerecorded CDs featuring music, prerecorded DVDs and audiovisual recordings [Please clarify, i.e., audio and video tapes and cassettes] featuring music and dancing, downloadable ringbones, graphics, images, music and spoken word via the Internet, cellular phones and wireless devices,” in International Class 9.

               “Music magazines,” in International Class 16.

               “Clothing, namely, [Specify nature of goods by their common commercial name, i.e., athletic uniforms, bathing suits, beachwear, belts, blouses, body suits, bras, briefs, coats, dresses, gloves, gym suits, jackets, jeans, jerseys, jogging suits, leotards, mittens, neckwear, pants, pullovers, rain wear, scarves, shirts, shorts, skirts, ski wear, sleep wear, socks, surf wear, sweat pants, sweat shirts, sweaters, swim wear, tennis wear, tights, tops, bottoms, T-shirts, underwear, wet suits, dry suits, wrist bands],” in International Class 25.

TMEP §1402.01.

Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.

 

For assistance regarding an acceptable listing of goods and/or services, please see the on-line searchable Manual of Acceptable Identifications of Goods and Services, at <http://tess2.gov.uspto.report/netahtml/tidm.html>. 

 

RECITATION/CLASSIFICATION OF SERVICES

The recitation of services is unacceptable as indefinite because as worded, the exact nature of the services is unclear.  The applicant also classified the services in the incorrect International Class.

 

Applicant must rewrite the recitation of services in its entirety because of the nature and extent of the amendment.  37 C.F.R. §2.74(b).

The applicant may adopt the following recitation, if accurate:

          “Retail store services and on-line retail store services featuring prerecorded music and video and related merchandise,” in International Class 35.

TMEP §1402.01.

Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include services that are not within the scope of the services 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.

 

NO CONFLICTING MARKS NOTED

The Office records have been searched and no 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.

PLEASE NOTE:  Because it delays processing, submission of duplicate papers is discouraged.  Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax.  Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).

 

 

 

 

 

 

 

 

 

 

 

Howard Smiga /HS/

Trademark Examining Attorney

Law Office 102

571-272-9220

571-273-9102 Fax

 

 

 

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.