UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY 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.  If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling. 

 

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.

 

OFFICE RECORDS SEARCH:  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.

 

ADVISORY – AMENDMENTS TO GOODS/SERVICES:  If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).

 

QUESTIONS:  Please contact the assigned trademark examining attorney with any questions.

 

 

Serial Number 78/834127

 

EXAMINER'S AMENDMENT

 

AMENDMENT(S) AUTHORIZED:  As authorized by Patrick J. Jennings on August 30, 2006, the application is amended as noted below.  If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately.  Otherwise, no response is necessary.  TMEP §707.   

 

Standard Character Drawing Claim

 

The application is amended to the following standard character claim: 

 

The mark is presented in standard character format without claim to any particular font style, size, or color. 

 

37 C.F.R. §2.52(a).

 

PRIORITY ACTION

 

Applicant must respond to each refusal and/or requirement raised below.  If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling.  TMEP §§708.01 and 708.05.

 

Definite Identification and Classification of Goods and Additional Information Requirement

 

Accepted Class of Services

The identification of services in Class 40 is accepted and made of record.

 

Amendment of Identification

The applicant will adopt the following identification and classification, if accurate:

 

Desktop computers; notebook computers; computer barebone devices comprising motherboards, computer hardware enclosures, and power supply; computer peripheral devices, namely, keyboards, mouse, touch pads, [specify, e.g., flash, electronic] card readers; computer components devices, namely, [specify, e.g., cable] connectors, cables and electric wires, power switches, radiators, computer hard discs and disc drives, network interface cards, random-access memory (RAM), central processing unit (CPU), video [specfiy, e.g., capture, display] cards, battery chargers; servers, namely, network attached storage (NAS) and storage area network (SAN); wireless communications devices, namely, mobile phones and handsets; mobile phone components, namely, mobile phone enclosure housings, electronic connectors, cables and wires, keypads, stylus, print circuit boards (PCB), hinges for mobile phone receiver and transmitter portions, antennas, batteries, battery chargers, microphones, speakers; network communication equipment, namely, routers, switches, gateway routers, modems, wireless  devices, voice over IP phones, hubs, wireless network bridges; DVD players; DVD player components, namely, disk drives; DVD player peripherals, namely, blank recordable CD discs and DVD discs, DVD burners, DVD recording apparatus; cameras, namely, digital cameras; digital camera components, namely, lenses and CMOS image sensors; personal digital assistants; MP3 players; video game consoles for use with television receivers; monitors, namely, computer CRT monitors, LCD monitors used for computers, mobile phones in International Class 09.

 

Research and development for computers, mobiles phones, handsets, DVD players and digital cameras; design for computers, mobile phones, handsets, DVD players and digital cameras; computer hardware consultancy; computer software design; computer programming; engineering; material testing; quality control for others in International Class 42.

 

TMEP §1402.01.

 

Additional Information

Applicant must submit samples of advertisements or promotional materials and a photograph of the identified goods because the nature of the goods on which applicant uses or intends to use its mark is not clear from the present record.  If such materials are not available, then applicant must submit samples of advertisements or promotional materials and a photograph of similar goods.  In addition, applicant must describe in some detail the nature, purpose and channels of trade of the goods listed in the application.  37 C.F.R. §2.61(b); TMEP §§814 and 1402.01(e).

 

Additions to Identification Not Permitted and Identification Manual

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.

 

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.

 

If applicant prosecutes this application as a combined, or multiple‑class application, then applicant must comply with each of the requirements below for those goods and/or services based on actual use in commerce under Trademark Act Section 1(a):

 

(1)   Applicant must list the goods/services by international class with the classes listed in ascending numerical order;

 

(2)   Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid; and

 

(3)   For each additional class of goods and/or services, applicant must submit:

 

(a)    dates of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial application apply to that class; the dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application;

 

(b)   one specimen showing use of the mark for each class of goods and/or services; the specimen must have been in use in commerce at least as early as the filing date of the application;

 

(c)    a statement that “the specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application;” and

 

(d)   verification of the statements in 3(a) and 3(c) in an affidavit or a signed declaration under 37 C.F.R. §2.20.  (NOTE:  Verification is not required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, or (2) the original specimens are acceptable for the added class.)

 

37 C.F.R. §§2.6, 2.34(a), 2.59, 2.71(c), and 2.86(a); TMEP §§810.10, 904.09, 1403.01 and 1403.02(c).

 

Please note that the specimens of record are acceptable for class 09, 40 and 42 only.

 

Failure to Respond—Abandonment of Specific Goods and Services

 

If applicant should fail to respond to this Office action within the six month time limit, then the goods and services in bold type indicated above will be deleted from the application. 

 

The application will then proceed forward for the remaining goods and services.  37 C.F.R. §2.65(a).

 

 

 

/William T. Verhosek/

USPTO

LO 114

571-272-9464

 

 

 

 

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