To: | Best Buy Enterprise Services, Inc. (kari.wangensteen@bestbuy.com) |
Subject: | TRADEMARK APPLICATION NO. 78351702 - INSIGNIA - 13520.3462 |
Sent: | 2/9/05 3:33:26 PM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/351702
APPLICANT: Best Buy Enterprise Services, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: INSIGNIA
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CORRESPONDENT’S REFERENCE/DOCKET NO: 13520.3462
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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Serial Number 78/351702
This letter responds to the communication filed by the applicant on 2/4/05. The following issue is maintained and made FINAL.
The amended identification of goods is unacceptable as indefinite. The identification of goods must be specific and all-inclusive. Applicant should amend the identification to replace any wording that is not all-inclusive with "namely." Please note that applicant may amend the identification to list only those items that are within the scope of the goods set forth in the application. 37 C.F.R. §2.71(a); TMEP §§1402.01 and 1402.03(a).
The applicant may adopt the following identification, if accurate:
Class 9: Consumer electronics products, namely, stereo and high definition televisions; flat panel televisions; combination television and video player/recorder; stereo and surround sound receivers; home theatre in a box systems comprised of speakers, video playback devices, namely, DVD, VCR and TV tuner, combination audio playback devices, namely, compact disc players, digital audio media players, AM/FM tuner, and related accessories, namely, cables, antennas, and remote controls; combination players which play and record both digital video discs and video cassettes; combination players which play both video discs and compact discs or video cassettes; audio speaker systems comprised of speakers, speaker stands and related cables; digital audio players which play multiple formats of digital audio files such as MP3 and WMA, and which store files on flash-based and hard-drive based storage, and related accessories, namely, battery chargers, cables, car power adapters, protective cases, bundled with software; combination audio receiver, compact disc player and MP3 player for use in cars and boats; portable compact disc players, digital video disc players, MP3 players; FRS two-way radios; clock radios; armband radios; cordless base station telephones and expansion telephone sets; and computer hardware and computer peripherals.
TMEP section 1402.
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. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.
If applicant does not respond within six months of the mailing date of this final action, then the goods underlined above to which the final refusal(s) and/or requirement(s) apply will be deleted from the application. The application will proceed forward for the remaining goods. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).
Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Ann K. Linnehan/
Trademark Attorney
Law Office 114
571-272-9457
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.