UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

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: 8/12/2007

 

This letter responds to applicant’s communication filed on 7/20/07.

 

The Section 2(e)(1) refusal is hereby continued and maintained pending the applicant’s response to additional requirements.

 

As detailed below, the Applicant must also provide additional information.

 

This is a non-final action.

 

CONTINUED REFUSAL OF REGISTRATION: MARK IS MERELY DESCRIPTIVE OF THE GOODS

The examining attorney continues to refuse registration on the Principal Register because the proposed mark merely describes the goods.  Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1); TMEP section 1209 et seq.

 

Applicant has argued that the goods are not merely descriptive of the goods.  The examining attorney disagrees.  Accordingly, pending the applicant’s response to the additional information requirement below, the refusal is maintained and continued. 

 

Additional Information Required

To permit proper examination of the application, applicant must submit additional product information about the goods.  37 C.F.R. §2.61(b); In re DTI P'ship LLP, 67 USPQ2d 1699, (TTAB 2003); TMEP §814.  The requested product information should include fact sheets, instruction manuals, and/or advertisements.  If these materials are unavailable, applicant should submit similar documentation for goods of the same type, explaining how its own product will differ.  If the goods feature new technology and no competing goods are available, applicant must provide a detailed description of the goods. 

 

The submitted factual information must make clear how the goods operate, their salient features, and their prospective customers and channels of trade.  Conclusory statements regarding the goods will not satisfy this requirement.

 

The applicant must also respond to the following:

 

1. Will or do the applicant’s goods feature optical equipment for use in and around swimming pool environments?

 

2. Does the wording “OPTICS” have any significance in the video surveillance industry?

 

3. Does the wording “OPTICS” have any significance in relation to the applicant’s goods?

 

4. Will or do the applicant’s goods feature any form of optical technology?

 

5. Will or do the applicant’s goods feature any form of advanced or non-conventional optical technology?

 

Failure to respond to a request for information is an additional ground for refusing registration.  DTI, 67 USPQ2d at 1701.  Merely stating that information about the goods is available on applicant’s website is an inappropriate response to a request for additional information and is insufficient to make the relevant information of record.  In re Planalytics, Inc., 70 USPQ2d 1453, 1457-1458 (TTAB 2004). 

 

 

 

 

 

John Kelly /jmck/

Trademark Attorney

Law Office 117

571.272.9412

Fax: 571.273-9117 (official responses only)

 

 

 

 

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.

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 8/12/2007 FOR

APPLICATION SERIAL NO. 77008079

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://portal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77008079&doc_type=OOA&mail_date=20070812 (or copy and paste this URL into the address field of your browser), or visit http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 8/12/2007.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.