To: | Crestron Electronics, Inc. (trademarks@crestron.com) |
Subject: | U.S. Trademark Application Serial No. 88791525 - DM NAX - CT00333 |
Sent: | April 06, 2020 11:02:14 AM |
Sent As: | ecom108@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88791525
Mark: DM NAX
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Correspondence Address: |
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Applicant: Crestron Electronics, Inc.
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Reference/Docket No. CT00333
Correspondence Email Address: |
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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: April 06, 2020
Search Results
The wording “Bluetooth” in the identification of goods is a registered mark not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods. TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958). See the attached U.S. Registration No(s). 2909356 and 2911905.
Identifications of goods should generally be comprised of generic everyday wording for the goods, and exclude proprietary or potentially-proprietary wording. See TMEP §§1402.01, 1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods or services that originate in a party other than that registrant. TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1).
Applicant may adopt the following wording, if accurate:
Audio digital signal processors; audio amplifiers; digital audio to analog audio network converters, analog audio to digital audio network converters;
wireless audio to network audio converters, network audio to wireless audio transmitter devices; downloadable software for configuring and controlling
audio digital signal processors and audio amplifiers; a transport system in the nature of network communication devices for delivery of digital video, digital audio, USB signals, and control signals
over a network comprised of encoders, decoders, receivers, transmitters, repeaters, switches, and cables; encoders, decoders, network transmitters and receivers, and network switches; computer
hardware and downloadable software for configuration, control, and management of network encoders, decoders, transmitters, receivers, repeaters, and switches; apparatus for
recording, transmission or reproduction of sound or images; computer hardware and downloadable software for facilitating networking and wireless networking of audio and video
equipment and audio and video networks; computer accessories for facilitating, networking and wireless networking of audio and video equipment and audio and video networks, namely, network interface
cards, signal input and output adapters and downloadable software; communications equipment and apparatus, namely, equipment and apparatus for use in audio and video networks and wireless audio and
video networks in the nature of audio amplifiers, microphones, mixing desks, signal processors, cameras, display devices, namely, video displays, video projectors, signal routers, switches and
network appliances, namely, modems, Dynamic Host Configuration Protocol (DHCP) network servers for use with network based internet protocols, Domain Name Systems (DNS) network servers, video and
audio streaming network servers, network time servers, network routers, network switches and network based equipment that provides services for media networking, namely, computer hardware for clock
distribution and networking timing services, network service discovery, network protocol translation and network message forwarding; computer hardware for use in adapting non-networked signals to and
from networks, signal switching computer hardware and software, downloadable software and graphical user interfaces for managing distribution of audio/visual signals in a network; computer
hardware and downloadable software, and graphical user interfaces for processing audio/visual signals in networked systems, in International Class 9.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/alrademacher/
April L. Rademacher
Examining Attorney
USPTO
Law Office 108
571-270-3353
april.rademacher@uspto.gov
RESPONSE GUIDANCE