Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

Applicant is encouraged to telephone the assigned trademark examining attorney to resolve the issues raised in this Office action.

Search Results

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

However, applicant must respond to the following requirement.

Identification of Goods

The wording “digital picture frames” in the identification of goods is indefinite and must be clarified because the nature of the goods is not clear. See TMEP §1402.01. Applicant must amend the identification to clarify the nature of the goods. The following wording is suggested, if accurate: “digital photo frames for displaying digital pictures, video clips and music,” in International Class 9.

In addition, the wording “consumer electronic devices” is indefinite and must be clarified because it could include a wide array of goods, including goods in other international classes See TMEP §§1402.01, 1402.03. For example, such wording could include personal digital assistants or cell phones, in International Class 9; electronic watches, in International Class 14; or electronic toys, in International Class 28. Applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, applicant must describe the product and its intended uses. See id.

Based on the foregoing, applicant may adopt the following identification, if accurate:

DVD players; digital photo frames for displaying digital pictures, video clips and music; televisions; consumer electronic devices, namely, {specify items, e.g., personal digital assistants, cell phones, etc.}, in International Class 9.

Scope Advisory

Identifications of goods or services can be amended only to clarify or limit the goods or services; adding to or broadening the scope of the goods or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods or services that are not within the scope of the goods or services set forth in the present identification.

Identification Manual

For assistance with identifying and classifying goods 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. See TMEP §1402.04.

Multiple-Class Application Requirements

If applicant adds additional classes of goods to this application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) Applicant must list the goods and/or services by international class; and

(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).

Assistance

If applicant has questions about the application or this Office action, please contact the assigned trademark examining attorney at the telephone number below.

/April A. Hesik/

April A. Hesik

Examining Attorney, Law Office 113

Tel: (571) 272-4735

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.