`E
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`'
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`ACTION NO...
`IE3?
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`‘
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`,
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`'
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`MAILING DATE
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`WFQRM |jT§_>_1§2§jt5—90)_
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`u.s. DEP'l'. OF COMM. a. TM OFFICE
`
`PAPER NO.
`
`ADDRESS:
`Commissioner for Trademarks
`2900 Crystal Drive
`A rlington, VA 22202-3513
`www.uspto.gov
`
`If no fees are enclosed, the address Sllotlld include the
`words "Box Responses — No Fee "
`
`Please provide in all correspondence:
`
`.
`
`. Filing Date, serial number, mark and
`Applicant's name.
`.\/[ailing date ofthis Office action
`Examining Attorney's name and
`Law Office number.
`. Your telephone number and ZIP code.
`
`RE: Serial Number: 76/002076
`
`This letter responds to the applicant’s correspondence dated March 12, 2001.
`
`The examining attorney has considered the applicant's arguments carefully but has found them
`unpersuasive.
`
`Further action on this application is suspended pending the disposition of the following prior-filed
`applications: Serial Nos. 75885905, 75755972, 75720646, 75772783 and 75742114.
`
`The following prior-filed applications have been abandoned and potential citation is accordingly
`withdrawn: 75743884 and 75615245.
`
`(1) refusal under Section 2(e)(l) as
`The following refusals are maintained and continued:
`descriptive, and in the alternative as misdescriptive; and, (2) the refusal to register the mark under
`Section 2(d).
`
`The requirement for clarification of the identification of goods is maintained and continued. The
`applicant proposed amending the identification to, “Portable audio products that may be worn,
`namely, audio players.” The wording “audio players” is unacceptable because it does not clarify
`Whether the players are for CD’s, cassette tapes, etc. The wording “that may be worn” is
`ambiguous in that it remains unclear whether the only type of wearable goods is headphones, or
`whether there are other additional wearable items which could be classified in other classes. The
`applicant may adopt the following identification of goods, if accurate, “Portable audio products,
`namely, digital audio players that may be worn as headphones,” in International Class 9.
`
`
`
`76/002076
`
`-2-
`
`If the above proposed identification of goods does not fully and accurately identify the applicant’s
`goods,
`then the requirement for advertising or literature is maintained and continued also.
`Specifically,
`the applicant must submit sample advertising or literature describing the other
`wearable audio products.
`'
`
`If the applicant has any questions or needs assistance in responding to this Office action, please
`telephone the assigned examining attorney.
`
`7%/,,_.._
`
`John Dwyer
`Law Office 103
`
`(703) 308-9103 ext. 220
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