To: | Waves Audio Ltd. (chiustm@ladas.net) |
Subject: | TRADEMARK APPLICATION NO. 78974192 - PRIORITY - 3T06502227 |
Sent: | 2/12/07 5:02:14 PM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/974192
APPLICANT: Waves Audio Ltd.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: PRIORITY
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CORRESPONDENT’S REFERENCE/DOCKET NO: 3T06502227
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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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 78/974192
The assigned examining attorney has reviewed the referenced application and determined the following.
The identification of goods is unacceptable as indefinite because it suggests goods in multiple classes without delineating them by class and uses broad language. Amendment and proper classification are required. TMEP §1402.01.
Workstations fall in different classes, depending upon what comprises them. Computer workstations comprising computer hardware fall in class 9, while those that comprise furniture fall in class 20. It is also unclear whether the goods are sold as a unit.
The applicant may adopt the following identification, if accurate:
Production and post production systems for the broadcast, video, film and music industries; namely, computer-based digital audio apparatus comprising digital mixers, computer software, and computer workstations comprising {specify major computer hardware components}, all for recording, controlling, editing, modifying, enhancing and mixing music and audio, sold as a unit. In class 9.
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 that are not within the scope of goods set forth in the present 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.
The application identifies goods that may be classified in several international classes. Therefore, the applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01.
The filing fee for adding classes to an application is as follows:
(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and
(2) $375 per class, when the fees are submitted with a paper response.
37 C.F.R. §§2.6(a)(i) and (ii); TMEP §810.
The applicant must list the goods by international class number in ascending numerical order. TMEP §§801.01(b) and 1403.01.
SEARCH CLAUSE
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. §1052(d). TMEP §704.02.
Note that the above issues could be resolved by telephone. Should the applicant wish to expedite the processing of this file through the use of an amendment by telephone, it is encouraged to telephone the undersigned at the number provided below.
If the applicant has any questions about this Office action, please telephone the assigned examining attorney.
/Steven Foster/
Steven Foster, Trademark Attorney
Law Office 106
(571) 272-9318
Fax number for the Law Office: (571) 273-9106
HOW TO RESPOND TO THIS OFFICE ACTION:
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.