UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  79/001989

 

The assigned trademark examining attorney has reviewed the referenced request for extension of protection  filed on December 8, 2003 with a priority filing date claimed as of July 25, 2003, and has determined the following.

 

ENGLISH TRANSLATION/INDUSTRY OR GEOGRAPHIC SIGNIFICANCE

 

The applicant must indicate what, if any, English translation, industry or geographic significance there is for the mark.  37 C.F.R. Section 2.61(b); TMEP section 809.  If there is an English translation, the translation shall read as follows:  The English translation of TARGA is (specify, e.g., shield).

 

The examining attorney has conducted a preliminary search of 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.  The examining attorney will conduct a more thorough search of the Office records and decide on the merits of the application when the applicant responds to the inquiry as to any English translation, industry or geographic significance of the mark.  37 C.F.R. Section 2.61(b); TMEP section 704.02.

 

GOODS

 

The wording "and parts" in the identification of goods needs clarification because it is vague.  Applicant must amend the identification of goods to specify the common commercial or generic name for the goods.  If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.  TMEP §1402.01.  The applicant must either amend to name each part, so long as it would be classifiable in Class 10, or the applicant may amend to the following, if accurate:

 

Class 10:                        medical hearing aids for the deaf, and structural parts therefor

 

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 or services that are not within the scope of the goods and services recited in the present identification.

 

For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

Note that the applicant may not use the indefinite wording “and/or,” “or,” or “etc.” in its identification of goods/services.  The applicant must use the more definite word “and” when listing more than one item.  The applicant may not use parentheticals in its description of goods/services.  The examining attorney used them above merely to indicate wording that requires further amendment.

 

 

/egkon/

Elissa Garber Kon

Attorney, Law Office 116

phone 703-306-7917

fax     703-746-8116

email  elissagarber.kon@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 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

 

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