Offc Action Outgoing

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. 

 

Serial Number  78/607039

 

The assigned trademark examining attorney has reviewed the referenced application 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.

 

Amendment to Identification of Goods is Required

 

Please Note: This requirement applies only to the wording “computer screens” in the identification of goods.

 

In the identification of goods, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases.  TMEP §§1402.01 and 1402.03(a). 

In the present identification of goods, the wording “COMPUTER MONITORS” and the wording “FLAT PANEL DISPLAY SCREENS” is fully acceptable, as stated, in International Class 9.

 

It is noted, however, that the wording “COMPUTER SCREENS” in the identification of goods is not acceptable as stated because the nature and purpose of this item is not clearly stated for the record.  Applicant must therefore amend this wording to more precisely identify the nature and purpose of the “computer screens”.  

 

For example, the applicant may the amend the item “computer screens” to instead state as follows, if applicable:  DISPLAY EQUIPMENT FOR DATA PROCESSORS, NAMELY, COMPUTER SCREENS.  As such, the Class 9 statement of goods, as amended, would read as follows:

 

COMPUTER MONITORS; DISPLAY EQUIPMENT FOR DATA PROCESSORS, NAMELY, COMPUTER SCREENS; AND FLAT PANEL DISPLAY SCREENS in International Class 9.

 

The applicant is advised that the Trademark Office Manual of Acceptable Identifications of Goods and Services, which includes the correct classifications of the listed goods and services, may be found online at http://www.uspto.gov.  The applicant may find this resource to be quite useful in framing an amended and acceptable identification of goods/services in this matter.

 

The applicant should bear in mind that brackets and parentheses shown in the identification manual are in the nature of directional signals, the significance of which is explained in the introduction to the Identification Manual.  Parentheses and brackets should not be included in the actual identification of goods or recitation of services adopted by the applicant. 

 

Please also 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 Sections 1402.06 and 1402.07(e). 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.  In addition, once an item has been deleted from an identification of goods or recitation of services, it normally cannot be reinserted.

 

Examiner’s Amendment May be Authorized

 

PLEASE NOTE:  The above-noted issue may be resolved by way of an expedited Examiner’s Amendment.    The applicant may email or telephone the examining attorney at the below listed number and/or address, and authorize the examiner to effect entry of the suggested amendment via an Examiner’s Amendment.  Authorization for an Examiner’s Amendment also may be given in a voice mail message to the examiner.  

 

In the absence of the applicant’s authorization of an Examiner’s Amendment, a formal written response from the applicant must be received in and by the Trademark Office no later than six months from the mailing date of this Office Action.

 

 

Partial Abandonment

 

If applicant should fail to respond to this Office action within the six month time limit, then the item “COMPUTER SCREENS” will be deleted from the application.  The application will then proceed forward for the following goods only: COMPUTER MONITORS; AND FLAT PANEL DISPLAY SCREENS in International Class 9.   37 C.F.R. §2.65(a).

 

 

/Barbara A. Loughran/

Trademark Examining Attorney

Law Office 104

(571) 272-9189

email: barbara.loughran@uspto.gov

 

 

 

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 has been 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.