To: | Toshiba Global Commerce Solutions, Inc (mtepper@teiplaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85762672 - SUREPAK - N/A |
Sent: | 6/26/2013 5:24:46 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85762672
MARK: SUREPAK
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Toshiba Global Commerce Solutions, Inc
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 6/26/2013
This action is in response to the applicant’s correspondence filed on April 22, 2013.
Particular Wording in Amendment Unacceptable – Would Exceed Scope of Services in Original Application
The proposed amendment to the identification cannot be accepted because the following wording refers to goods and/or services that are not within the scope of the identification that was set forth in the application at the time of filing: “bar code readers, optical readers, automatic cash drawers, printers, radio receivers, radio transmitters.” See 37 C.F.R. §2.71(a). This wording is beyond the scope of the original wording because the scope has been broadened with the goods that are being installed. The original identification of services is limited to “Technical support and maintenance services for point-of-sale computer systems, scanners, and computer hardware.”
While an applicant may clarify or limit the identification of goods and/or services, adding to or broadening the scope is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07(a). Therefore, this wording should be deleted from the identification. See 37 C.F.R. §2.71(a); TMEP §1402.07(d).
Telephone Response Suggested
Further action awaits response to the above.
/Mrs. W. Kay H. Price, Esq./
Trademark Attorney
Law Office 103
United States Patent and Trademark Office
(571) 272-9391
w.kay.price@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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/trademarks/teas/correspondence.jsp.