| To: | Electric Rain, Inc. (kmiller@hollandhart.com) |
| Subject: | TRADEMARK APPLICATION NO. 78297534 - STANDOUT - 43341 |
| Sent: | 3/12/04 1:53:00 PM |
| Sent As: | ECom106 |
| Attachments: | Attachment - 1 Attachment - 2 |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/297534
APPLICANT: Electric Rain, Inc.
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CORRESPONDENT ADDRESS: Kristine M. Miller HOLLAND & HART LLP Attn: Michele Clark 555 17th Street, Suite 3200 Denver, CO 80202 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: STANDOUT
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CORRESPONDENT’S REFERENCE/DOCKET NO: 43341
CORRESPONDENT EMAIL ADDRESS: kmiller@hollandhart.com |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 78/297534
The assigned trademark examining attorney has reviewed the referenced application filed on September 8, 2003 and has 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.
The wording “powerpoints” in the identification of goods is a registered mark. See enclosed copies of Registrations 2219546 and 1475795. The applicant may not use registered marks in the identification of goods. TMEP §1402.09. Therefore, the applicant must amend the identification by substituting the common commercial name of the goods. The applicant may adopt the following identification, if accurate:
Computer software for use in creating multimedia presentations, in IC 009.
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 that are not within the scope of goods set forth in the present identification.
For additional information regarding acceptable identifications, the Trademark Manual of Acceptable Identifications and Classifications for Goods and Services is accessible on the World Wide Web at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Naakwama Ankrah/
Trademark Attorney
Law Office 106
(703) 308-9106, ext. 462
(703) 746-8106 (fax)
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 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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
