UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

 

ISSUE/MAILING DATE: 1/24/2012

 

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’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).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by John L. Beard on January 24, 2012, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

 

Identification of goods and services

 

 

The identification of goods and services is amended to read as follows:

 

 

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking, supervision, life-saving and teaching apparatus and instruments, namely, photographic cameras and blank recording optical discs; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, adapters, electric batteries, electric switches, and electric wires; apparatus for recording, transmission, reproduction of sound or images, namely, phonograph record players, CD and DVD players, and audio and video tape recorders; blank and pre-recorded magnetic data carriers, blank and pre-recorded recordable discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus; audio tape players; audio tape recorders; audio disc players; audio disc recorders; compact disc players; compact disc recorders; radio signal tuners; audio receivers; audio amplifiers; audio speakers; tweeters; woofers; headphones; earphones; microphones; integrated circuit recorders; plasma display panel televisions; liquid crystal display televisions; television receivers; liquid crystal displays; liquid crystal display projectors; cathode ray tubes; video tape recorders; DVD players; DVD recorders; hard disc audio players; hard disc audio recorders; hard disc video players; hard disc video recorders; video screens; set top boxes; video cameras; digital still cameras and digital photo apparatus; cameras and photographic apparatus, namely, photographic cameras and photographic flashbulbs; carrying bags, saddle bags, covers, cases, casings and suitcases for video cameras; carrying bags, saddle bags, covers, cases, casings and suitcases for digital still cameras and digital photo apparatus; carrying bags, saddle bags, covers, cases, casings and suitcases for cameras and photographic apparatus; mobile phones; facsimile machines; audio players for automobile use; radio receivers for automobile use; compact disc changers, namely, players for automobile use; telephone apparatus; mobile data terminals; computers; central processing units; optical disc drives; magnetic computer disc drives; magneto-optical computer disc drives; computer monitors; computer keyboards; computer mice; computer audio speakers; web cameras; carrying bags, saddle bags, covers, cases, casings and suitcases for computers; computer game software and programs; computer memories; memory computer chips; computer software and programs for use in database management, use as a spreadsheet, and word processing; scanners; printers; blank magnetic computer tapes; blank optical discs; blank magnetic discs; blank magneto-optical discs; semi-conductors; integrated circuits; magnetic computer tapes featuring music, movies, images, animation and texts; optical discs featuring music, movies, images, animation and texts; magnetic computer discs featuring music, movies, images, animation and texts; magneto-optical computer discs featuring music, movies, images, animation and texts; integrated circuit chips and cards recording media featuring music, movies, images, animation and texts; blank integrated circuit chips and cards recording media; memory cards; blank floppy computer disks; blank compact discs; blank digital versatile discs; blank video cassette tapes; blank digital video cassette tapes; blank digital audio cassette tapes; blank audio cassette tapes; data transmission cables, namely, USB cables, Ethernet cables, fiber optic cables, modem cables, and proprietary data transmission cables; car navigation computers; USB flash memory cards; wet and dry battery cells; manganese battery cells; alkaline battery cells; nickel-cadmium batteries; lithium-ion batteries; rechargeable batteries; battery chargers; accumulator batteries; solar batteries; downloadable and hand-held electronic dictionaries; downloadable electronic publications in the nature of magazines, books, manuals, and newsletters; downloadable musical sound recordings; electrostatic copying machines; electric cables; optical cables; electric power plugs; alternating current adapters; electric switches; electric relays; hand-held video game machines, consumer video game machines for use with televisions and video game consoles adapted for use with an external display screen or monitor; consumer video game software; electric wires; eye glasses; sunglasses; bags, saddle bags, covers, cases and casings for eye glasses; electric and electronic pens; video telephones; word processors; data processing equipment and data processors; CD-ROM players featuring a multi disc changers for computers; video game cartridges; audiovisual teaching apparatus, namely, overhead multimedia projectors; dust masks, respiratory masks for non-medical purposes; ozonisers; tripods for cameras and photographic apparatus, namely, photographic cameras and photographic projectors; contact lenses; interfaces for computers; wrist rest for use with computers; jukeboxes; cabinets for loudspeakers; slide projectors; transceivers; transistors; bar-code readers; printed circuits; head cleaning tapes for video recorder; mouse pads; modems; lasers, not for medical purposes; hologram apparatus; radar apparatus; phonograph records featuring music, and sound recordings; record players; tone arms for record players; needles for record players; speed regulators for record players; cleaning apparatus for phonograph records; exposed cinematographic films; appliances for editing cinematographic films; cinematographic cameras; projection screens; optical lamps and flash lamps for cameras; projection apparatus, namely, transparency projection apparatus and slide or photograph projection apparatus; microscopes; optical lenses; optical character readers; vending machines; stands for photographic apparatus; photo telegraphy apparatus; photographic viewfinders; electronic tags for goods; apparatus and instruments for astronomy, namely, telescopes, star finders, and planetarium projectors; remote control devices for video frequency apparatus and machines; remote control devices for audio frequency apparatus and machines; remote control devices for electronic apparatus and machines; Pouches, carrying bags, covers and cases for portable computers and portable game consoles; straps for mobile phones, portable computers, portable game consoles, photographic and cinematographic apparatus; one segment bandwidth tuner; electrical mounting cradles for monitors and monitors; handset cradles for mobile computer terminals; wireless controllers for video game machines; wireless computer keypads; stands for video games machines; smart phones; personal digital assistants; electronic book readers; software and programs for use with portable telephones, smart phones; downloadable interactive, computer, video and electronic game programs via mobile computer terminals or via the Internet; Electronic publications, namely, books, magazines, and manuals; recordable or recorded on computer media; Adapters for memory cartridges and memory cards. International Class 9.

 

Games and playthings, namely, arcade games, board games, dart games, play figures, play houses, and play money; gymnastic and sporting, namely, gymnastic apparatus, gymnastic parallel bars, horizontal bars, spring boards, athletic wrist and joint supports, and adhesive under-eye glare reduction strips; decorations for Christmas trees; stand alone portable video game machines and stand alone video output game machines and Arcade-type electronic video games; automatic and coin-operated amusement machines; board games; playing cards; golf clubs; conjuring apparatus, namely, magic tricks; darts; dolls; dolls' clothes; amusement park rides; fishing tackle; tables for indoor football; games other than those adapted for use with an external display screen or monitor, namely, monitor games and marbles games; games, namely, Mah jong games and parlor games; gloves for games, namely, baseball gloves and boxing gloves; appliances for gymnastics, namely, gymnastic vaulting horses and pommel horses; machines for physical exercises, namely, exercise bands, training bars, and rowing machines; rackets; radio-controlled toy vehicles; skis; surf boards; toys, namely, crib toys, dog toys, and drawing toys. International Class 28.

 

Advertising services; business management; business administration consultancy; providing office functions; on-line advertising on a computer network; television advertising agencies; radio advertising agencies; business auditing; auctioneering; economic forecasting; advertising agencies; marketing research; conducting marketing studies; professional business consultancy; providing business information services; office machines and equipment rental; rental of vending machines; commercial or industrial management assistance; organization of exhibitions for commercial or advertising purposes; employment agencies; procurement services, namely, purchasing office products and office furniture for others; import-export agencies; retail stores services featuring a variety of consumer electronics to consumers from shops; online retail store services featuring a variety of consumer electronics music, and images or videos to consumers from shops. International Class 35.

 

Building construction; repair of alarms, automobiles, and computer hardware; installation of electrical systems, appliances, and windows; installation, maintenance and repair of computer hardware; boiler cleaning and repair; film projector repair and maintenance; furniture restoration; air conditioning apparatus installation and repair; office machines and equipment installation, maintenance and repair; photographic apparatus repair; interference suppression services for electrical apparatus; telephone installation and repair; electric appliance installation and repair; maintenance and repair of DVD players; maintenance and repair of DVD recorders; maintenance and repair of compact disc players; maintenance and repair of compact disc recorders; maintenance and repair of video cameras; maintenance and repair of digital still cameras and digital photo apparatus; maintenance and repair of computer printers; maintenance and repair of cinematographic cameras; maintenance and repair of tripods for cameras and photographic apparatus; maintenance and repair of video recorders; maintenance and repair of television receivers; maintenance and repair of antennas for television receivers and mobile phones; maintenance and repair of video screens; maintenance and repair of projection screens; maintenance and repair of LCD projectors; maintenance and repair of remote control devices for video frequency apparatus and machines; maintenance and repair of remote control devices for audio frequency apparatus and machines; maintenance and repair of remote control devices for electronic apparatus and machines; maintenance and repair of radio receivers; maintenance and repair of portable audio players; maintenance and repair of audio tape recorders; maintenance and repair of audio tape players; maintenance and repair of audio disc players; maintenance and repair of audio disc recorders; maintenance and repair of sound transmission apparatus; maintenance and repair of sound recording apparatus; maintenance and repair of sound reproduction apparatus; maintenance and repair of radio cassette recorders; maintenance and repair of integrated circuit recorders; maintenance and repair of audio amplifiers; maintenance and repair of audio speakers; maintenance and repair of headphones; maintenance and repair of earphones; maintenance and repair of microphones; maintenance and repair of telephone apparatus; maintenance and repair of mobile phones; maintenance and repair of transceivers; maintenance and repair of electric telecommunication machines and apparatus; maintenance and repair of car audio apparatus; maintenance and repair of car radio apparatus; maintenance and repair of car navigation apparatus; computer maintenance and repair; maintenance and repair of computer drives; maintenance and repair of disc drives; maintenance and repair of web cameras; maintenance and repair of semi-conductor production machines and apparatus. International Class 37.

 

Telecommunications services, namely, local and long distance transmission of voice, data, graphics by means of telephone, telegraphic, cable, and satellite transmissions; computer aided transmission of messages and images; communications by computer terminals; cellular telephone communication; telex services, namely, the delivery of messages by electronic transmission; television broadcasting; audio teleconferencing services; facsimile transmission; rental of facsimile apparatus; On-line services, namely, message sending; rental of message sending apparatus; rental of modems; radio broadcasting; satellite transmission; communications by fiber optic networks; telecommunications routing and junction services; providing information about telecommunications; rental of telecommunication equipment; electronic mail; electronic bulletin board services; providing user access to a global computer network; communications by telegrams; communications by telephone: rental of telephones; wire service, namely, the transmission of news; paging services; cable television broadcasting. International Class 38.

 

Education services, namely, providing live and on-line classes, seminars, and workshops in the field of videogames and computer hardware or software; providing of training services in the field of videogames and computer hardware or software; entertainment in the nature of musical group, television comedy series, and ethnic festival; and Entertainment in the nature of live stage performances in the nature of plays and concerts; lecture for hire by an individual; organizing exhibitions for sporting and cultural purposes; rental of audio equipment; provided on-line electronic game services from a computer network; providing on-line non-downloadable electronic publications in the nature of magazines, books, manuals, newsletters in the field of videogames and computer hardware or software; providing amusement arcade services; electronic desktop publishing for others; digital imaging services; Entertainment television services, namely, an on-going series provided through cable television, web casts, and radio broadcasts in the field of videogames and computer hardware or software; rental of camcorders; videotape film production; rental of video cassette recorders; microfilming for others; production of radio and television programs; rental of radio and television sets; radio entertainment services, namely, radio programs featuring performances by a fictional character and radio personality; providing recreation facilities, namely, hunting and fishing; providing information in the field of recreational activities; providing sports facilities; movie studios; film production; rental of Cine-films; movie theatres; rental of movie projectors and accessories; entertainment in the nature of live performances; educational examination; organization of shows for cultural purposes; providing information in the field with higher education tuition; entertainment information; photography; teaching in the field of music and remedial reading; rental of lighting apparatus for theatrical sets or television studios; translation; rental of sound recordings; dubbing; recording studio services; rental of videotapes. International Class 41.

 

Scientific and technological services and research and design relating thereto, namely, pharmaceutical research and development and computer consultation in the field of web site design and web site implementation; industrial analysis and research services in the field of pharmaceutical research and development and computer consultation in the field of web site design and web site implementation; design and development of computer hardware and software; biological research; chemical analysis; chemical research; chemistry services, namely, chemistry consultation and research in the field of chemistry; recovery of computer data; computer programming; duplication of computer programs; computer rental; installation of computer software; maintenance of computer software; updating of computer software for others; computer system design; conversion of data or documents from physical to electronic media; creating and maintaining web sites for others; data conversion of computer programs and data not physical conversion; industrial design; hosting computer web sites of others on a computer server for a global computer network; mechanical research; quality control for others; research and development of new products for others; rental of computer software; styling, namely, interior styling services and special event styling services; computer services, namely, providing search engines for obtaining data on a global computer network. International Class 42.

 

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

/Warren L. Olandria/

Trademark Attorney

Law Office 112

(571) 272-9718

warren.olandria@uspto.gov

 

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.

 

 

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO LETTER (AN OFFICE ACTION) HAS ISSUED ON 1/24/2012 FOR

SERIAL NO. 85093015

 

Please follow the instructions below:

 

TO READ OFFICE LETTER: Click on this link or go to http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office letter

 

PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

HELP: For technical assistance in accessing the Office correspondence, please e-mail TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office letter.