Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85480233 BELKIN (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85480233) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has found the identification of goods to be indefinite, and requires amendments that will set out all possible goods in specific detail.  This application, however, is for a mark that covers “full lines” of products, as per T.M.E.P. Section 1402.03(c) where the USPTO may accept identifications of goods with broader than usual language, for instance, “a full line of sports clothing” or “a full line of antiviral and cardiovascular pharmaceuticals.”  See examples provided in T.M.E.P. Section 1402.03(c).  As such, and following the format of the examples provided in the TMEP, Applicant submits that its goods identification, as amended, and its reference to “full lines” of certain product genres is acceptable and requests withdrawal of the finding that the goods description is indefinite.  

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for A full line of computer, digital, mobile and telecommunications, networking, cabling and connectivity, home entertainment, power charging and management, devices, peripherals, and accessories
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: A full line of computer, digital, mobile and telecommunications, networking, cabling and connectivity, home entertainment, power charging and management, devices, peripherals, and accessories; A full line of peripherals and accessories for computers, laptops, mobile phones, mp3 players, smartphones, tablet computers, book computers, and network connection devices; a full line of electrical and electronic cabling, connectors connectivity products and wireless transmission and networking products; a full line of power charging and power management devices for computers and home appliances.Class 009 for A full line of peripherals and accessories for computers, laptops, mobile phones, mp3 players, smartphones, tablet computers, book computers, and network connection devices; a full line of electrical and electronic cabling, connectors connectivity products and wireless transmission and networking products; a full line of power charging and power management devices for computers and home appliances.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_6547140130-123703662_._belkin__logotype__-_Signed_Application__F0916295_.PDF
Converted PDF file(s) (3 pages)
Signature File1
Signature File2
Signature File3
Signatory's Name: Chris Flower
Signatory's Position: General Counsel

Response Signature
Signature: /ctw/     Date: 06/21/2012
Signatory's Name: Charles T.J. Weigell
Signatory's Position: Attorney of record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 85480233
Internet Transmission Date: Thu Jun 21 13:04:54 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2012062113045400
4368-85480233-490238f18a866ffc27b0507b3c
d994acd1-N/A-N/A-20120621130419149257