UNITED STATES PATENT AND TRADEMARK OFFICE
`
`SERIAL NO: 78/157042
`
`APPLICANT:Apple Computer, Inc.
`
`CORRESPONDENT ADDRESS:
`Thomas R. La Perle
`Apple Computer, Inc.
`i Infinite Loop MS: 3TM
`Cupertino CA 95014
`
`MARK:
`
`_
`
`/
`
`RETURN ADDRESS:
`Commissioner for Trademarks
`290? C‘Y5ta1DTiVe
`A"‘“g‘°“> VA 2”°2“3513
`ec0m116@uspt°‘g0V
`
`CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
`
`Please provide in all
`
`la CI-10 [Da
`p
`(4
`
`1 Icon]
`6
`e
`
`.
`
`1. Filing date, serial number, mark and
`applicant's name.
`. Date ofthis Office Action.
`. Examining Attorney's name and
`Law Office number.
`. Your telephone number and e—mail
`address.
`
`OFFICE ACTION
`
`TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS
`OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OIR E-MAILING DATE.
`
`RE: Serial Number 78/157042
`
`This letter responds to the applic>a:nt’s communication filed on February 28, 2003. The following
`requirement is continued and made final.
`
`Recitation of Services
`
`The amended recitation of services is unacceptable as indefinite because it does not indicate the
`subject matter or field of the bulletin boards; The applicant should adopt the following recitation of
`services, if accurate:
`I
`
`

`
`Telecommunication services, namely, electronic transmission of data, and, images via computer
`networks;
`telex and telephone: services;
`telegram transmission;
`rental of telecommunication
`equipment in general; electronic mail services; providing on—line electronic bulletin boards for
`transmission of messages
`among computer users
`[indicate
`subject matter or
`field]
`telecommunications consultation;
`facsimile transmission; delivery of messages by electronic
`transmission; electronic transmission of data and information by computer, cable, radio, teleprinter,
`teleletter, electronic mail,
`telecopier,
`television, cellular, microwave,
`laser beam, and satellite;
`radio,
`television and lnternet broadcasting; providing Internet access; Telecommunications
`gateway services, namely providing a gateway for connecting independent telecommunication and
`computer networks” in Class 38. TMEP section 1301.05.
`
`Please note that, while an application may be amended to clarify or limit the identification,
`additions to the identification are not permitted. 37 CFR. Section 2.7l(a); TMEP section 804.09.
`Therefore, the applicant may not amend to include any services that are not within the scope of the
`services recited in the present identification.
`
`To ensure the services are identified and classified properly, the applicant may wish to consult the
`Acceptable
`Identjficaziolv
`of
`Goods
`amid
`Servz'ce:r Manual
`located
`at
`http://atlasuspto.gov/netahtml/tidm.html. The applicant should use the listings located in this
`database exactly as worded as possible. However, use of parenthesis within the identification is
`unacceptable as indefinite.
`
`The requirement for clarification of the identification of goods is continued and made FINAL.
`
`Options
`Please note that the only appropriate responses to a final action are either (1) compliance with the
`outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal
`Board.
`37>C.F.R, Section 2.64-(a).
`If the applicant fails to respond within six months of the
`mailing date of this refusal, this Office will declare the application abandoned. 37 CPR. Section
`2.65(a).
`t
`
`/Michele-Lynn Swain/
`Examining Attorney, L0 116
`PH(703) 306-7926
`FX(703) 746-8116
`
`How to respond to this Office Action:
`
`To respond formally using the Off'1ce’s Trademark Electronic Application System (TEAS), visit
`http://www.uspto.gov/teas/indegghtml and follow the instructions.
`
`To respond formally via E—mail, visit http://www.uspto.gov/wet;/trademarks/tmelecresp.htm
`and follow the instructions.
`
`

`
`To respond formally via regular mail, your response should be sent to the mailing Return Address
`listed above and include the serial number, law office and examining attorniey’s name on the upper
`right corner of each page of your response.
`
`To check the status of your application at any time, visit the Office’s Trademark Applications and
`Registrations Retrieval (TARR) system at http://tarr.usQt0.g0v/
`
`For general and other useful information about trademarks, you are encouraged to Visit the Office’s
`web site at http://www.uspt0.gov/main/trademarkshtm
`
`FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE AICTION, PLEASE CONTACT
`THE ASSIGNED EXAMINING ATTORNEY.