Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER 

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

 

ISSUE/MAILING DATE: 8/7/2010

 

THIS IS A FINAL ACTION.

 

Teas plus advisory

 

TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE:  Applicants who filed their application online using the reduced-fee TEAS Plus application must continue to submit certain documents online using TEAS, including responses to Office actions.  See 37 C.F.R. §2.23(a)(1).  For a complete list of these documents, see TMEP §819.02(b).  In addition, such applicants must accept correspondence from the Office via e-mail throughout the examination process and must maintain a valid e-mail address.  37 C.F.R. §2.23(a)(2); TMEP §§819, 819.02(a).  TEAS Plus applicants who do not meet these requirements must submit an additional fee of $50 per international class of goods and/or services.  37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04.  In appropriate situations and where all issues can be resolved by amendment, responding by telephone to authorize an examiner’s amendment will not incur this additional fee.

 

This Office action is in response to applicant’s communication filed on June 30, 2010.

 

In the initial Office action, the examining attorney required applicant to further clarify the description of the mark and submit a translation statement of the wording in the mark. 

 

In its June 30, 2010 response, applicant merely repeated the same description of the mark as submitted in the initial application.  Applicant’s response has been received and been made of record.

 

The examining attorney is maintaining the requirements that applicant further clarify its description of the mark and submit a translation of the wording.  The requirements are now made FINAL. See37 C.F.R. §2.64(a).

 

Description of the mark-FINAL

 

Applicant has reiterated that the literal element of the applied-for mark is “poo” and the description of the mark states that “[t]he mark consists of from left to right, a bended strip forming a right angle, a device resembling an arrow pointing upwards, and the word "poo".” 

 

However, the applied-for mark appears to be the stylized word element “RAPOO.”  More specifically, the first letter, described by applicant as a “bended strip forming a right angle,” appears to be the letter “R.”  In addition, the second letter, described by applicant as “a device resembling an arrow pointing upwards,” appears to be the letter “A.” 

 

Moreover, see the following portion of applicant’s website attached to the initial Office Action and incorporated herein by reference located at http://www.rapoo.com: “© 2010 Rapoo. All rights reserved.”  See also the printout attached to the initial Office Action and incorporated herein by reference from http://www.cocreate.com/appserver/wcms/casestudies/company.jsp?&im_dbkey=101613&icg_dbkey=181 with the following excerpt “[i]n 2007, the company introduced its new brand – RAPOO, which aims to offer computer peripherals of high quality and high performance to worldwide PC users.”   See also the attached websites from http://www.ubergizmo.com/15/archives/2010/03/rapoo_2900_touch_slim_wireless_keyboard_with_touchpad.html; http://www.nrebate.com/en/rapoo-8100-10-meter-wireless-desktop-keyboard-and-mouse-set.html?language=en&currency=USD; http://www.engadget.com/2010/03/02/rapoo-2900-wireless-keyboard-sports-touchpad-bluetooth-and-tha/; http://usb.brando.com/rapoo-2900-touch-slim-wireless-keyboard-with-touchpad_p01466c034d15.html; http://linkecomputer.com/vendor/?vendorid=692581; http://www.totobay.com/rapoo-2900-touch-trackpad-with-highend-wireless-keyboard-black_p10188.html; http://www.articlesbase.com/hardware-articles/rapoo-launches-24g-wireless-optical-mouse-9100-1075297.html and  http://www.dhgate.com/auto163-rapoo-3500-nano-wireless-notebook/p-ff808081259b55c701259dbad36267ac.html demonstrating that the wording in the applied-for mark appears as “RAPOO.” 

 

Accordingly, applicant should clarify for the record that the literal element of the mark is “RAPOO,” if accurate.  In addition, if the literal element of the mark is in fact “RAPOO,” applicant may amend its description of the mark as follows.  See 37 C.F.R. §2.37; TMEP §§808.01, 808.02, 808.03(b).

 

The mark consists of the stylized wording “RAPOO” with a stylized drawing of a bended strip forming a right angle depicting the letter “R” and a stylized drawing of an arrow pointing upwards depicting the letter “A”.

This requirement is now made FINAL.  See37 C.F.R. §2.64(a).

 

English TRANSLATION OF FOREIGN WORDING REQUIRED-FINAL

 

In addition, applicant must submit an English translation of the foreign wording in the mark.  37 C.F.R. §2.32(a)(9); see TMEP §809. In the present case, the wording “RAPOO” requires translation.

 

The following translation statement is suggested: 

 

The English translation of “RAPOO” in the mark is “_____”.  TMEP §809.03.

 

If the wording has no meaning in a foreign language, the following statement is suggested:

 

            The wording “RAPOO” has no meaning in a foreign language.

 

See 37 C.F.R. §2.61(b); TMEP §809.03.

 

This requirement is now made FINAL.  See37 C.F.R. §2.64(a).

 

Retention of trademark counsel

 

Applicant may wish to hire an attorney to assist in prosecuting this application because of the legal technicalities involved.  The Office, however, cannot aid in the selection of an attorney.  37 C.F.R. §2.11.  Applicant may wish to consult a local telephone directory for a listing of attorneys specializing in trademark or intellectual property law, or seek guidance from a local bar association attorney-referral service.

 

Response guidelines

 

If applicant does not respond within six months of the date of issuance of this final Office action, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final Office action by:

 

(1)  Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

 

(2)  Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

 

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

 

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues.  37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters).  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

If applicant has questions about the application or this Office action, please telephone the assigned trademark examining attorney at the telephone number below.

 

 

/Ameen Imam/

Trademark Examining Attorney

Law Office 113

Phone (571) 272-1942

 

 

 

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/.  Please keep a copy of the complete TARR screen.  If TARR shows no change for more than six months, call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.

 

 

 

 

 

                                                                

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION

 

Your trademark application (Serial No. 77924518) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 8/7/2010 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=77924518&doc_type=OOA&mail_date=20100807 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 8/7/2010 (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.