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:

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

Search Results

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. However, applicant must address the following requirements.

Identification and Classification of Goods

Applicant’s goods are identified as:

Headphones; video game consoles; network controllers; set top boxes; video displays; projectors; computer monitors, in Class 9.

The wording “video game consoles” in the identification of goods is indefinite and must be clarified to specify that these goods are “for use with an external display screen or monitor,” if accurate. See TMEP §1402.01. If these goods are not for use with an external display, applicant may amend this wording to “video game consoles, namely, apparatus for electronic games other than those adapted for use with an external display screen or monitor,” in Class 28.

The wording “network controllers” in the identification of goods is indefinite and must be clarified to specify the common commercial name for the goods. See TMEP §1402.01. Applicant may amend this wording to “Ethernet controllers,” or may list the specific types of controllers, such as switches, routers, and hubs.

The wording “video displays” in the identification of goods is indefinite and must be clarified to specify the type of display. See TMEP §1402.01. Applicant may amend this wording to any or all of the following, if accurate: “flat panel display screens, video display cards, head-mounted video displays, digital photo frames for displaying digital pictures, video clips, and music, video displays mounted in eyeglasses, video displays that may be worn on the body.”

The wording “projectors” in the identification of goods is indefinite and must be clarified because it is too broad and may include goods in other international classes. See TMEP §1402.01. Applicant must list the specific types of projectors, such as LCD projectors, slide projectors, and movie projectors, in Class 9. If applicant’s goods include laser light projectors, these goods must be classified in Class 11.

To summarize, applicant may adopt any or all of the following identifications of goods, if accurate:

Headphones; video game consoles for use with an external display screen or monitor; Ethernet controllers; network controllers, namely, ______________ {list types of controllers, such as switches, routers, and hubs}; set top boxes; flat panel display screens, video display cards, head-mounted video displays, digital photo frames for displaying digital pictures, video clips, and music, video displays mounted in eyeglasses, video displays that may be worn on the body; projectors, namely, ____________ {list types of projectors, such as LCD projectors, slide projectors, and movie projectors}; computer monitors, in Class 9.

Laser light projectors, in Class 11.

Video game consoles, namely, apparatus for electronic games other than those adapted for use with an external display screen or monitor, in Class 28.

See 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.uspto.gov/netahtml/tidm.html. See TMEP §1402.04.

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods 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 that are not within the scope of the goods set forth in the present identification.

Proper classification of goods and services is a purely administrative matter within the sole discretion of the United States Patent and Trademark Office. In re Tee-Pak, Inc., 164 USPQ 88, 89 (TTAB 1969).

Multiple-Class Application Requirements

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) Applicant must list the goods and/or services by international class; and

(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).

See 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

New Drawing Required

The drawing is not acceptable because the lines at the top and bottom of the mark are not straight and there is noise around the letters. Thus, the drawing will not create a high quality image when reproduced. A clear drawing of the mark is an application requirement. 37 C.F.R. §2.52. Therefore, applicant must submit a new drawing showing a clear depiction of the mark. All lines must be clean, sharp and solid, and not fine or crowded. 37 C.F.R. §§2.53(c), 2.54(e); TMEP §§807.05(c), 807.06(a).

Amendments or changes to the applied-for mark in a substitute drawing will not be accepted if the changes would materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.13 et seq., 807.14.

Special Form Drawing Requirements - TEAS

Special form drawings submitted electronically via the Trademark Electronic Application System (TEAS) must be attached as a digitized image file. The requirements for an electronically submitted special form drawing are as follows:

(1) The mark must appear in black on a white background, unless the mark is in color. If color is a feature of the mark, applicant must depict the mark in color, and provide both a statement identifying the colors claimed and a statement describing where the colors appear in the mark.;

(2) All lines in the image must be clean, sharp and solid, and not fine or crowded, and produce a high-quality image when copied.; and

(3) The digitized mark image must be in jpg format, formatted at no less than 300 dots per inch and no more than 350 dots per inch.

37 C.F.R. §§2.52(b), (b)(1), 2.53(b)-(c); TMEP §§807.05(b)-(c), 807.07(a)(i)-(a)(ii).

In addition to the above, the Office recommends that the digitized image of the mark have a length and width of no smaller than 250 pixels and no larger than 944 pixels.

Special Form Drawing Requirements – Paper

A special form drawing must comply with the following requirements:

(1) Depict the mark in black on a white background, unless the mark is in color. If color is a feature of the mark, applicant must depict the mark in color, and provide both a statement identifying the colors claimed and a statement describing where the colors appear in the mark.;

(2) Depict the mark using a pen or a process that will provide high definition when copied. A photolithographic, printer’s proof copy, or other high quality reproduction of the mark may be used. All lines must be clean, sharp and solid, and must not be fine or crowded.; and

(3) Depict the mark no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide.

37 C.F.R. §§2.52(b), (b)(1), 2.54(b), (d)-(e); see TMEP §§807.04(a)-(b), 807.07(a) et seq.

In addition to the above, the Office prefers that the drawing be on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm wide and 27.9 to 29.7 cm long). One of the shorter sides of the sheet should be the top edge and include the caption “DRAWING PAGE.” 37 C.F.R. §2.54(a)-(c); TMEP §807.06(a).

The Office strictly enforces the drawing requirements.

Response Guidelines

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.

/Kim T. Moninghoff/

Trademark Examining Attorney

Law Office 113

Phone: 571-272-4738

Fax: 571-273-9113

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.uspto.gov/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.