[Important Email Information]

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number   78/809826      

 

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 receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant's country of origin.  If the registration is in a foreign language, an English translation must also be submitted.  15 U.S.C. §1126(e); 37 C.F.R. §§2.34(a)(3)(ii); TMEP §§716.02(b), 1004 et seq.  Please note that applicant must notify the examining attorney if the foreign application abandons.

 

The following refusal(s)/requirement(s) is/are continued and maintained:

 

Amended Identification of Goods Exceeds Original Scope

 

The applicant amended the identification of goods from “portable communications apparatus” to “portable communications apparatus, namely, radios, handsets, walkie-talkies, satellite telephones, land line telephones, digital cellular telephones.”  The proposed amendment to the identification cannot be accepted because it refers to goods and/or services that are not within the scope of the identification that was set forth in the application at the time of filing.  Specifically, the inclusion of “land line telephones” would exceed the original scope of goods because land line telephones are not portable communications devices. 

The attached dictionary definitions and Internet evidence indicate that a “land line” telephone is not a portable communication device because it is comprised of a dedicated fixed physical cable or wire.  (See attached evidence)  A land line can be distinguished from a mobile or cellular line that uses airwaves and, therefore, is portable from one place to another.   Applicant must delete the term “land line” from the listing of portable communications devices.

 

While the identification of goods and/or services may be amended to clarify or limit the goods and/or services, additions to the identification or a broadening of the scope of the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §§1402.06 et seq. and 1402.07.  Therefore, the goods “land line telephones” should be deleted from the identification.

                 

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.

 

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.

 

 

/Saima Makhdoom/

Attorney

U.S. Patent and Trademark Office

Telephone:  (571) 272-8802

Facsimile:  (571) 273-8802

Saima.Makhdoom@uspto.gov

 

 

 

 

Note:

 

In order to avoid size limitation constraints on large e-mail messages, this Office Action has been split into 2 smaller e-mail messages.  The Office Action in its entirety consists of this message as well as the following attachments that you will receive in separate messages:

 

Email 1 includes the following 3 attachments  

1. landline  

2. landline2  

3. landline3-1  

 

Email 2 includes the following 6 attachments  

1. landline3-2  

2. landline3-3  

3. landline5-1  

4. landline5-2  

5. landline5-3  

6. landline5-4  

 

Please ensure that you receive all of the aforementioned attachments, and if you do not, please contact the assigned-examining attorney.