UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

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

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  78/569037

 

This letter responds to applicant’s communication filed on March 15, 2006.

 

After further consideration, the examining attorney has determined the following:

Identification of Goods

1) The wording "computer discs" in the identification is unacceptable as indefinite.  Applicant must amend this wording and indicate that the computer discs are “blank” (i.e., blank computer discs) or indicate the subject matter of the computer discs (i.e., computer discs featuring music).

 

2) The wording “computer programs for use with computer servers” is unacceptable as indefinite.  Applicant must indicate the function and/or purpose of the computer software.  For example, applicant may adopt the following wording if accurate:

“Computer programs for [indicate function, e.g., transmitting data and images] for use with computer servers” in Class 9.

 

3) The wording “computer programs downloadable from global computer networks” in the identification of goods is unacceptable as indefinite.  Applicant must indicate the function and/or purpose of the software.  For example, applicant may adopt the following wording if accurate:

“Downloadable computer software programs for [indicate purpose or function, e.g., transmitting data and images]” in Class 9; or,

“Computer software for [indicate purpose or function, e.g., transmitting data and images] downloadable from global computer networks” in Class 9.

 

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  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 examining attorney apologizes for the delay in issuing these requirements.

 

 

/michele-lynnswain/

Michele-Lynn Swain

Examining Attorney, LO 116

PH(571) 272-9232

FX(571) 273-9116

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• 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.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.