To: | EIDOS INTERACTIVE LIMITED (tmdocketing@raderfishman.com) |
Subject: | TRADEMARK APPLICATION NO. 77100639 - SECRET STASH - 66221-0999 |
Sent: | 5/31/2007 2:11:04 PM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/100639
APPLICANT: EIDOS INTERACTIVE LIMITED
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: SECRET STASH
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CORRESPONDENT’S REFERENCE/DOCKET NO: 66221-0999
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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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 77/100639
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
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.
The wording in the identification of goods and services needs clarification. Applicant must amend the identification of goods and services to specify the common commercial or generic name for the goods and services. If there is no common commercial or generic name for the product, then applicant must describe the product and services and intended consumer as well as their 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).
In addition, applicant must use the common commercial or generic names for the services, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words and phrases such as “services in connection with,” “such as,” “including,” “and like services,” “systems,” “products,” “concepts,” or “not limited to,” such wording must be followed by “namely” and a list of the specific services 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:
Class 9
Computer game software; electronic game software; gaming machines adapted for use with television receivers only, video gaming machines adapted for use with television receivers only; computer and electronic game programs adapted for use with television receivers and computers; apparatus for games namely, [specify item by its common commercial name] adapted for use with television receivers and computers; video recordings featuring [indicate subject matter of recordings, e.g., music, animation]; musical sound recordings; phonograph records featuring [indicate subject matter]; prerecorded compact discs featuring [indicate subject matter]; prerecorded cd roms featuring [indicate subject matter]; prerecorded audio tapes, cassettes and cartridges featuring [indicate subject matter]; prerecorded video tapes and cassettes featuring [indicate subject matter]; video game software; sunglasses and spectacles in Class 9;
Class 28
Games and playthings namely, [specify items by their common commercial name]; gymnastics and sporting articles namely, [specify items by their common commercial name]; hand held unit for playing electronic and video games; coin operated video games; ordinary playing cards in Class 28;
Class 41
Entertainment services, namely, [specify type of entertainment services by their common commercial name]; providing on-line computer games; publication of books and other publications, namely, [indicate type, e.g., magazines] in Class 41. 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 and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
PLEASE NOTE: All of the issues raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
/Chrisie Brightmire King/
Trademark Attorney
Law Office 109
(571) 272-9179
chrisie.king@uspto.gov
NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS: In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant. Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.gov.uspto.report/external/portal/tow. The Office action will not be attached to the e-mail notice. Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address. TDR is available 24 hours a day, seven days a week, including holidays and weekends. This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments.
HOW TO RESPOND TO THIS OFFICE ACTION:
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.