Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

Serial Number  78/280857

 

The assigned examining attorney has reviewed the referenced application and determined the following:

 

NO LIKELIHOOD OF CONFUSION WITH CURRENT REGISTRATIONS OR PRIOR PENDING APPLICATIONS

 

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 1105.01.

 

However, before the application can proceed, the applicant must address the following informalities:

 

INFORMALITIES

 

PARTIAL REQUIREMENT: PORTIONS OF THE IDENTIFICATION UNDULY VAGUE/APPLICANT MUST AMEND PORTIONS OF  THE IDENTIFICATION

 

In the identification of services, the applicant should use the common commercial designation for the services, be as complete and specific as possible and avoid the use of indefinite words and phrases.  The applicant may not include broad wording such as “services in connection with...” or “such as” or “including” or “and like services” or “systems” or “products” or “concepts” or “not limited to....”  TMEP §§1402.03(a) and 1402.11.

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.

 

The applicant’s identification of services reads as follows:

 

Engineering and design services for data transmission, storage, and networking in wired and wireless applications in International Class 42.

 

The recitation of services is unacceptable as indefinite.  The applicant must amend the recitation to indicate the nature of the services and their particular field.  TMEP §1402.11.  Specifically, the applicant must clarify the nature of the “design services” e.g., industrial design services, computer software design services for others, etc.  Also, the applicant must clarify what is meant by “networking”, e.g., computer networking.

 

The applicant may adopt the following identification, if accurate: 

 

Engineering, industrial design and computer software design services for others for data transmission, storage, and computer networking in wired and wireless applications in International Class 42.

 

For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

Please note:  If applicant should fail to respond to this Office action within the six month time limit, then the following services will be deleted from the application: 

 

                        Design services…and networking 

 

The application will then proceed forward for the following services only: 

 

Engineering for data transmission and storage in wired and wireless applications in International Class 42.

 

TRANSLATION REQUIREMENT

 

The applicant must submit an English translation of the mark.  37 C.F.R. Section 2.61(b); TMEP section 809.  The applicant must amend the application to add the following statement, if accurate:

 

The  English translation of “FESTINO” is “FEAST” or “BANQUET.”

 

If the applicant has questions about the status of its application, it may also call the Trademark Status Line at (703) 305-8747.

 

 

 

Nancy Clarke

/nancy clarke/

Trademark Examining Attorney

Law Office 102

Tel. (703) 308-9102, Ext. 212

Fax (703) 746-8102

ecom102@uspto

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.