To: | ExaGrid Systems, Inc. (cpeters@mintz.com) |
Subject: | TRADEMARK APPLICATION NO. 77391869 - EXAGRID - 25452-401 |
Sent: | 5/17/2008 7:24:33 PM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/391869
MARK: EXAGRID
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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: ExaGrid Systems, Inc.
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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: 5/17/2008
Serial Number: 77/391869 – EXAGRID
The assigned examining attorney has reviewed the referenced application and determined the following.
The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
IDENTIFICATION OF SERVICES
The wording “CUSTOMER AND TECHNICAL SUPPORT SERVICES” in the identification of services is indefinite and must be clarified because the wording does not clearly specify particular services. See TMEP §1402.01. Applicant may adopt the following identification of services, if accurate:
Computer software related services, namely, providing customer and technical support services in the nature of [clarify exact nature of services, e.g., troubleshooting of computer software problems, providing back-up computer programs and facilities], in INT. CLASS 42.
To the extent the identification of services suggested above is incomplete or inaccurate, the applicant is advised that the Trademark Acceptable Identification of Goods and Services Manual is accessible via the USPTO homepage at the following address: <http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/>.
Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. 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.
If the applicant should fail to respond to this Office action within the six month time limit, all goods and/or services which are subject to any refusal and/or requirement raised herein will be deleted from the application. The application will proceed forward based on the remaining goods and/or services. 37 C.F.R. §2.65(a).
TELEPHONE FOR ASSISTANCE
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Alicia P. Collins/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 115
(571) 272-9147
(571) 273-9147 (fax)
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 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.