Priority Action

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

PRIORITY ACTION

 

OFFICE SEARCH:  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).  TMEP section 704.02. 

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.  This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

Serial Number  78/159777

 

The following issues were discussed in communication with Steve Ackerman on February 4, 2003.

 

IDENTIFICATION OF GOODS

The identification of goods is unacceptable as indefinite because “audio and visual recordings in all media” does not specify the type of recording, subject matter or specific media type, e.g., musical sound recordings, pre-recorded video cassettes and digital video discs featuring animated motion pictures.  The wording “consumer electronics” is unacceptable as indefinite because the specific types of electronics are not listed, e.g., personal digital assistant, calculator.  The applicant must amend the identification to specify the common commercial name of the goods.  If there is no common commercial name, the applicant must describe the product and its intended uses.  TMEP §1402.01. 

 

The examining attorney has included brackets in the suggested id simply to indicate the types of items that maybe listed by the applicant.  Parentheses and brackets may not be used in the actual identification of goods or the recitation of services in trademark applications because the Office uses them to indicate that certain goods and services in registered marks are no longer in use.  The applicant should bear in mind that brackets and parentheses shown in the identification manual are in the nature of directional signals, the significance of which is explained in the introduction to the Trademark Office Manual of Acceptable Identifications of Goods and Services. 

 

For aid in selecting acceptable identifications of goods and services and determining proper classification, the searchable Manual of Acceptable Identifications of Goods and Services is available on the Agency website at the following address: http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/. The applicant may adopt the following identification, if accurate: 

 

Audio and visual recordings in all media, namely, musical sound recordings [The applicant must specify the type of recording, form of media and subject matter, e.g., musical sound recordings, pre-recorded video cassettes and digital video discs featuring animated motion pictures]; eyeglasses and sunglasses; consumer electronics, namely, calculators [The applicant must specify the types of electronic devices, e.g., personal digital assistant, calculator], in International Class 9.

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

 

 

/Tanya L. Amos/

Trademark Examining Attorney

Law Office 101

(703) 308-9101 Extension 219

(703) 746-6485 Fax

ecom101@uspto.gov

 

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm