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  78/797475

 

The assigned trademark examining attorney has reviewed the referenced application and has determined the following:

 

 

No Likelihood of Confusion

 

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). 

 

 

Identification of Goods

 

The goods are:  RECORDED MESSAGE SENDERS, juke boxes, video disc players, jukeboxes for music, sound recording apparatus, sound transmitting apparatus, sound reproduction apparatus, acoustic couplers, compact disc players, MPEG AUDIO LAYER-3 (MP3) PLAYERS, microphones, headphones, amplifiers, unprocessed audio-video compact disc, audio and video receivers, TV receivers, prompters for TV, satellite TV receiving apparatus. 

 

The identification of goods, namely “recorded message senders”, “MPEG audio layer-3 (MP3) players”, “unprocessed audio-video compact disc”, “prompters for TV” and “satellite TV receiving apparatus” is unacceptable as indefinite.  The applicant must clarify the identification of goods by specifying the common commercial names for these goods.  TMEP §1402.01.

 

The applicant may adopt the following identification, if accurate:

 

 

Class 09:  RECORDED MESSAGE SENDERS, NAMELY, PORTABLE TELECOMMUNICATION INSTANT MESSAGING DEVICES; juke boxes; video disc players; jukeboxes for music; sound recording apparatus; sound transmitting apparatus; sound reproduction apparatus; acoustic couplers; compact disc players; MP3 players; microphones; headphones; amplifiers; BLANK CD-ROMS FOR SOUND OR VIDEO RECORDING, NAMELY, UNPROCESSED AUDIO-VIDEO COMPACT DISC; audio and video receivers; TV receivers; PORTABLE TELECOMMUNICATION INSTANT MESSAGING DEVICES, NAMELY, PROMPTERS FOR TV; SATELLITE RECEIVERS.

 

 

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 and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

 

 

Certificate of Foreign Registration Required

 

Applicant must submit a copy of the foreign registration to satisfy the requirement of Trademark Act Section 44(e).  15 U.S.C. §1126(e).  If the foreign certificate of registration is not written in English, then applicant must provide an English translation signed by the translator.  See TMEP §§1004.01 and 1004.01(b).

 

The application does not presently contain a copy of the foreign registration.  An application filed under Section 44(e) must include a true copy, photocopy, certification or certified copy of a foreign registration or a registered extension of protection of an international registration from the applicant’s country of origin.  If applicant’s country of origin does not issue registrations or certificates of extension of protection, applicant may submit a copy of the international registration, showing that protection of the international registration has been extended to applicant’s country of origin.  TMEP §§1004 et seq. and 1016.

 

Applicant’s country of origin must either be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  See TMEP §§1002.01 and 1004.

 

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

 

 

 

/Katy Halmen/

Trademark Examining Attorney

Law Office 109

Phone:  (571) 272-8911

Fax:  (571) 273-9109

 

 

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.