Offc Action Outgoing

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: 2/19/2010

 

Search of Office Records

 

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, the following should note the following informalities.

 

Identification of Goods

 

The wording “electronic picture frame for the reception, storage and transmission of date, including but not limited to, photographs, pictures, messages, images, characters and symbols for display purposes; digital frames; internet digital photo frames; digital photo frames; digital photo receivers; electronic photo frames; digital internet photo receivers” is unacceptable as indefinite.   The applicant must clarify the nature of the goods.  In the alternative, the applicant may amend to the following, if accurate:  “digital photo frames for displaying digital pictures, video clips and music.”

 

 

The wording “electronic devices for storage of data, namely photographs, pictures, messages, images, characters and symbols” is unacceptable as indefinite because it does not identify the common commercial name of the devices.  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.  See TMEP §§1402.01, 1402.03(a).

 

The applicant should amend the wording “remote control for these apparatus” as follows:  “remote controls for ________ [indicate specific devices, e.g. radios, televisions, stereos].”

 

The applicant should amend the wording “electronic advertisement board” to the following for proper clarification:  “electronic advertisement board featuring a neon lamp.”

 

The wording “computers; all-in-one computers; telephone; camera; video camera; cell phones” is acceptable.

 

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.  The applicant should refer to the “Trademark Acceptable Identification of Goods and Services Manual” which is accessible through the PTO’s web site (http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/) for suggested language. 

 

Meaning of Mark

 

Applicant must specify whether the mark DIR has significance as applied to the goods described in the application.  See 37 C.F.R. §2.61(b); TMEP §§808.01(a), 814.

 

 

 

 

 

 

 

/Stephanie M. Ali, Esq./

Trademark Examining Attorney

Law Office 109

ph. 571.272.9272

fax 571.273.9109

 

 

 

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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION

 

Your trademark application (Serial No. 77863588) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 2/19/2010 to which you must respond (unless the Office letter specifically states that no response is required).  Please follow these steps:

 

1. Read the Office letter by clicking on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77863588&doc_type=OOA&mail_date=20100219 OR go to  http://tmportal.gov.uspto.report/external/portal/tow and enter your serial number to access the Office letter.  If you have difficulty accessing the Office letter, contact TDR@uspto.gov.  

                                         

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

 

2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof).

 

3. Respond within 6 months, calculated from 2/19/2010 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact TEAS@uspto.gov. 

 

ALERT:

 

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

 

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.