| To: | Optimal Interiors, LLC (cmiller@cozen.com) |
| Subject: | TRADEMARK APPLICATION NO. 77448220 - OI - OPTI-0005; 2 |
| Sent: | 8/7/2008 8:00:37 PM |
| Sent As: | ECOM110@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/448220
MARK: OI
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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: Optimal Interiors, LLC
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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: 8/7/2008
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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.
Although no similar registered or pending mark has been found that would bar registration, applicant must satisfy the following requirements.
Requirements
Also, applicant specifies “web based software” but it is unclear whether the software is downloadable, which would be properly classified in Class 9, or non-downloadable, which would be in Class 42.
The examining attorney’s suggestions are incorporated in italics in the identification referenced below.
Applicant may adopt the following identification, if accurate:
Web based computer software, namely, downloadable computer software for aggregating, analyzing and presenting product, financial, operational, and management data obtained from one or more information sources in the field of (specify) and user manuals sold together therewith; computer software for identifying data objects with symbols for use in selecting such objects, and the creation of reports, all in the field of (specify) and user manuals sold together therewith; web based computer software, namely, downloadable computer software, for use in product selection for buildings in the field of (specify field of use); web based computer software, namely, downloadable computers software, for providing graphic illustrations and drawings of commercial, industrial and residential product designs and allowing selection of various combinations of such products in the field of (specify); interactive web based software, namely, downloadable computer software for users to select variations of products in the field of (specify); web based computer software, namely, downloadable computer software, for allowing web site users to customize products and order products for buildings in the field of (specify). International 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.
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.
Request for Information
The applicant must directly answer the following question(s) pursuant to the authority granted the examining attorney by 37 C.F.R. §2.61(b):
Does OI have any significance as applied to the goods other than trademark significance?
Does OI have any significance in the relevant trade or industry other than trademark significance?
Is OI an acronym? If so, the applicant must define the acronym.
Please note that failure to comply with a request pursuant to 37 C.F.R. §2.61(b) is an independent basis for refusal and may result in the refusal of the entire application. See In re DTI Partnership, L.L.P., 67 USPQ2d 1699 (TTAB 2003); In re SPX Corporation, 63 USPQ2d 1592 (TTAB 2002); In re Babies Beat, Inc., 13 USPQ2d 1729 (TTAB 1990).
/Jessica Ellinger Fathy/
Trademark Examining Attorney
Law Office 110
(571) 272-6582
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; 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.