Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number   78/632852      

 

NOTICE OF SUSPENSION

 

SUSPENSION PROCEDURE:  This suspension notice serves to suspend action on the application for the reason(s) specified below.  No response is needed.  37 C.F.R. §2.67.  However, the examining attorney will conduct periodic status checks and may issue inquiries at 6 month intervals from the mailing date of this notice.  TMEP §716.05.  If a status inquiry Office action issues, applicant will have 6 months from the mailing or e-mailing date of the status inquiry to respond.  15 U.S.C. §1062(b); 37 C.F.R. §2.62.

 

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.

 

Action on this application is suspended pending the disposition of:

 

            - Application Serial No(s). 78155339

 

Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application in a refusal to register under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d).  See 37 C.F.R. §2.83; TMEP §§1208 et seq.  A copy of information relevant to this pending application(s) was sent previously.

 

Applicant may submit a request to remove the application from suspension to present arguments related to the potential conflict between the relevant application(s) or other arguments related to the ground for suspension.  TMEP §716.03.  Applicant's election not to present arguments during suspension will not affect the applicant's right to present arguments later should a refusal in fact issue.  If a refusal does issue, applicant will be afforded 6 months from the mailing or e-mailing date of the Office action to submit a response.  15 U.S.C. §1062(b); 37 C.F.R. §2.62.

 

 

Identification of Goods and Services - CONTINUED

The requirement for an acceptable identification of goods/services is CONTINUED.  The current wording used to describe the goods and services need clarification because the wording “business communication services, providing network services” is indefinite.  Applicant needs to list the goods and services with more specificity. Applicant may adopt the following identification of goods, if accurate:   

“Telephones, mobile telephones, cellular telephones and equipment and accessories therefore namely, phone headsets, phone hands free headsets, phone carrying cases, phones chargers, phone microphones, phone keyboards, phone connectors and phones speakers” in International Class 9; and

“Telecommunications services namely personal communication services, providing business network conferencing services, communication via fibre optical networks, local and long distance transmission of voice, data and graphics by means of telephone, telegraphic, cable and satellite transmissions” in International Class 38.

For aid in selecting acceptable identification of goods and services and determining proper classification, the searchable Manual of Acceptable Identification of Goods and Services is available on the Agency website at www.uspto.gov.

 

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.

 

Accordingly, the requirement for an acceptable identification of goods/services is CONTINUED.

 

/Carol Spils/

Trademark Attorney

United States Patent and Trademark Office

Law Office 104

(571)272-9226