To: | Micross Components, Inc. (clevans@olivelawgroup.com) |
Subject: | U.S. Trademark Application Serial No. 88598224 - MICROSS - 684-03-TM |
Sent: | December 09, 2019 08:03:10 AM |
Sent As: | ecom130@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88598224
Mark: MICROSS
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Correspondence Address: |
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Applicant: Micross Components, Inc.
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Reference/Docket No. 684-03-TM
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: December 09, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On December 6-9, 2019, the examining attorney and CHARLES L. EVANS discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
IDENTIFICATION AND CLASSIFICATION OF SERVICES
The proposed identification of services “Semiconductor and integrated circuit services, namely, manufacturing, processing, modification, and assembly of semiconductors and integrated circuits for others” in Class 040 is indefinite and must be clarified because the wording “modification” identifies services in Class 037 and cannot be included in Class 040. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
CLASS 009
Semiconductors; Semiconductor wafers; Semiconductor dies in the nature of semiconductor devices; Semiconductor chips; Semiconductor memories; Integrated circuits; Large-scale integration integrated circuits; Very-large-scale integration integrated circuits; Integrated circuit modules; Programmable logic devices in the nature of semiconductor devices; Programmable logic chips in the nature of computer chips; Electronic components in the nature of amplifiers, capacitors, comparators, analog-to-digital converters, digital-to-analog converters, LED drivers, field-programmable gate arrays in the nature of semiconductor devices, optical filters, inductors, semiconductor memory units, microcontrollers, integrated circuit modules, oscillators, passives in the nature of capacitors, power controllers, data processors, radio frequency transmitters and receivers, voltage regulators, electric resistors, electronic sensors, electronic switches, transceivers, and transformers.
CLASS 037
Semiconductor and integrated circuit services, namely, modification of semiconductors and integrated circuits for others.
CLASS 040
Semiconductor and integrated circuit services, namely, manufacturing, processing, and assembly of semiconductors and integrated circuits for others.
CLASS 042
Semiconductor and integrated circuit services, namely, design, development, interconnection, integration, inspection, and mechanical, electrical, and environmental testing of semiconductors and integrated circuits for others.
DESCRIPTION ADVISORY: Identifications of services are examined in accordance with the Trademark Rules of Practice and the USPTO’s policies and procedures in effect on the date an application is filed (although an applicant may voluntarily choose to follow policies and procedures adopted after the application was filed). See 37 C.F.R. §2.85(e)(1)-(e)(2); TMEP §§1401.09, 1402.14. The USPTO’s rules and policies with respect to identifications of services are updated periodically to reflect changes in the marketplace and technology as well as changes to the international classification system. See TMEP §1402.14. For guidance on drafting acceptable identifications of services, use the USPTO’s online U.S. Acceptable Identification of Goods and Services Manual (ID Manual), which is continually updated in accordance with prevailing rules and policies. See TMEP §1402.04.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). Specifically, the application identifies services based on use in commerce that are classified in at least four classes; however, applicant submitted a fee sufficient for only two class. Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for these class.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
The identification of goods and services is amended to read as follows:
CLASS 009
Semiconductors; Semiconductor wafers; Semiconductor dies in the nature of semiconductor devices; Semiconductor chips; Semiconductor memories; Integrated circuits; Large-scale integration integrated circuits; Very-large-scale integration integrated circuits; Integrated circuit modules; Programmable logic devices in the nature of semiconductor devices; Programmable logic chips in the nature of computer chips; Electronic components in the nature of amplifiers, capacitors, comparators, analog-to-digital converters, digital-to-analog converters, LED drivers, field-programmable gate arrays in the nature of semiconductor devices, optical filters, inductors, semiconductor memory units, microcontrollers, integrated circuit modules, oscillators, passives in the nature of capacitors, power controllers, data processors, radio frequency transmitters and receivers, voltage regulators, electric resistors, electronic sensors, electronic switches, transceivers, and transformers.
CLASS 042
Semiconductor and integrated circuit services, namely, design, development, interconnection, integration, inspection, and mechanical, electrical, and environmental testing of semiconductors and integrated circuits for others.
See TMEP §§1402.01, 1402.01(e).
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
How to respond. Click to file a response to this nonfinal Office action.
/Ms. Tasneem Hussain/
Trademark Examining Attorney
Law Office 130
tasneem.hussain@uspto.gov (preferred)
571.272.8273
RESPONSE GUIDANCE