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. 

 

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  78/733815

 

THIS IS A FINAL ACTION

 

This letter responds to the applicant’s communication filed on September 6, 2006, under a certificate of mailing.

 

The applicant (1) amended the identifications of goods and services and (2) traversed the refusals under Sections 1, 2, 3 and 45.  Number 2 is acceptable.

 

 

Identification of Goods Remains Indefinite and Unacceptable – Class 9

Applicant’s amendments to the identifications of goods and services are acceptable except as follows:

 

International Class 9 (use based) is acceptable as filed.

 

International Class 9 (intent to use):

-         “electronically amplified musical instruments”:  these goods are outside the scope of the originally filed description and must be deleted.

-         “control devices for musical instruments”:  applicant must clarify the nature of the control, e.g., volume control.

-         “hand-free kits”:  applicant must specify the components of the kits, e.g., hand-free kits consisting of devices for hands-free use of mobile phones.

-         “portable telecommunication instant messaging devices”:  these goods are outside the scope of the originally filed description and must be deleted.

 

International Class 16 (use based) is acceptable as amended.

 

International Class 25 (use based) is acceptable as filed.

 

International Class 25 (intent to use) is acceptable as amended.

 

International Class 41 (use based) is acceptable as amended.

 

International Class 41 (intent to use) is acceptable as amended.

 

International Class 45 (intent to use) is acceptable as amended.

 

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 goods and services set forth in the present identifications.

 

For assistance with identifying 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.

 

The requirement for an acceptable description of goods is made FINAL.

 

 

Options

If applicant does not respond within six months of the mailing date of this final action, then the italicized goods noted above to which the final refusal(s) and/or requirement(s) apply will be deleted and the application will proceed forward for the remaining goods and services.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

 

Applicant may respond to this final action by: 

 

(1)   submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or

(2)   filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

 

/Yong Oh (Richard) Kim/

Trademark Examining Attorney

Law Office 115

(571) 272-9476

 

 

 

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.