UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/475959

 

This Office Action is supplemental to the previous Office Action dated 4/11/05, and incorporates all outstanding issues there from.

 

 

Disclaimers

 

Applicant must disclaim the descriptive wording “CSP” apart from the mark as shown because it merely describes a feature of applicant’s goods.  Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).

 

The wording “CSP” is an acronym for “Chip Scale Package” or “Chip Size Package” in the computer chip industry, which is defined, “A chip housing that is slightly larger than the chip itself. More than 100 types of CSP packages have been developed, mostly using BGA mounting.”  (See attached evidence “csp.”)  Applicant’s goods for “Floating-point operation chip; ROM (Read Only Memory chip); Structured semi-conductor wafers; Memory cards, computer hardware; Flash memory card; RAM (Random Access Memory) card; Semi-conductor memory units; Blank electronic chip cards, namely, blank smart cards; Encoded electronic chip cards, namely, smart cards containing programming used to specify the function or purpose and, if the programming is content or field specific, the field of use; Semiconductor chips; Semiconductor devices; Semiconductor power elements; Micro-circuit; Silicon chips; Integrated circuit; Microprocessors unit chips; ULSI (Ultra Large Scale Integration; VLSI (Very Large Scale Integration); Silicon wafers; Wafers” include many varieties of computer chips.  Thus the wording “CSP” is descriptive of applicant’s goods and must be disclaimed.

 

 

Response Period

 

This Office Action resets the 6-month period for response for all requirements and refusals included in this Office Action and the Office Action dated 4/11/05.

 

 

NOTICE:  FEE CHANGE   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

NOTICE:  TRADEMARK OPERATION RELOCATION

 

The Trademark Operation has relocated to Alexandria, Virginia.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

 

Ada P. Han

/Ada P. Han/

Trademark Attorney

Law Office 106

(571) 272-5873

(571) 273-9106 (fax)

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action issued via email you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

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