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`Subject:
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`Sent:
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`Sent As:
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`Panasonic Corporation (docketingtm@hdp.com)
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`U.S. TRADEMARK APPLICATION NO. 85519646 - FULL HD 3D - 9694-200067/
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`4/2/2013 12:31:42 PM
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`ECOM109@USPTO.GOV
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`Attachments:
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`Attachment - 1
`Attachment - 2
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
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`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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` U.S. APPLICATION SERIAL NO. 85519646
` MARK: FULL HD 3D
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`*85519646*
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` CORRESPONDENT ADDRESS:
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` GREGORY A. STOBBS / GARRETT C. DONLEY
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`
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` HARNESS, DICKEY & PIERCE, P.L.C.
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`CLICK HERE TO RESPOND TO THIS LETTER:
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`http://www.uspto.gov/trademarks/teas/response_forms.jsp
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`5445 CORPORATE DR STE 200
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` TROY, MI 48098-2683
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` APPLICANT: Panasonic Corporation
` CORRESPONDENT’S REFERENCE/DOCKET NO :
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` 9694-200067/
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` CORRESPONDENT E-MAIL ADDRESS:
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` docketingtm@hdp.com
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`OFFICE ACTION
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`STRICT DEADLINE TO RESPOND TO THIS LETTER
`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.
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`ISSUE/MAILING DATE: 4/2/2013
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`Upon further review, the applicant must respond to the following issues. The examining attorney apologizes for any inconvenience to the
`applicant.
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`Identification and Classification of Goods
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`The wording “apparatus for consumer games adapted for use with an external display screen or monitor” must be classified in International
`Class 28 rather than International Class 9. Under the 10th Edition of the Nice Agreement as of January 1, 2012, all amusement and game-
`playing apparatus, whether for use with an external monitor or display screen or having a built-in monitor or display screen, are classified in
`International Class 28. TMEP Section 1401.11(b). Please see the attachments from the Acceptable Identification of Goods and Services manual.
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`Additionally, the wording “consumer games” appears twice in the identification of goods and must be clarified. The applicant must either
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`replace this wording with “computer games” or clarify the nature of the apparatus.
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`The applicant may adopt the following wording and classification, if accurate:
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`“Three-dimensional (3D) viewing devices consisting of three-dimensional (3D) eyewear; photographic instruments and apparatus, namely,
`camcorders and digital still cameras; television receivers in the nature of TV sets; liquid crystal display (LCD) television receivers in the nature
`of TV sets; plasma display panel (PDP) television receivers in the nature of TV sets; organic electroluminescence (EL) display television
`receivers in the nature of TV sets; projection television receivers in the nature of TV sets; digital versatile disc players; digital versatile disc
`recorders; hard disc video players; hard disc video recorders; optical disc video players; optical disc video recorders; video projectors; mobile
`phones; personal computers; liquid-crystal displays for computers; electronic machines, apparatus and their parts, namely, movie projectors,
`liquid crystal display projectors, photographic projectors, multimedia projectors, computer display screens and external three-dimensional (3D)
`infrared (IR) emitters; spectacles in the nature of eyeglasses and goggles; pre-recorded magnetic tapes, chip cards in the nature of integrated
`circuit cards, magnetic discs, optical discs, magneto-optical discs, and other video discs and video tapes, all featuring video game programs for
`use with apparatus for computer games adapted for use with an external display screen or monitor; sound recorded magnetic tapes, recorded chip
`cards in the nature of integrated circuit cards featuring sound and video recordings; recorded magnetic discs, recorded optical discs, recorded
`magneto-optical discs and other recorded video discs and recorded video tapes, all featuring sound and video recordings in the fields of motion
`pictures, dramatic works, poetry, speeches, scientific and technical works, news, entertainment, sports, celebrities, travel, animals, popular
`culture, historical figures and events, human interest action, adventure, suspense, horror, westerns, musicals, comedies, dramas, thrillers,
`detective stories, war subjects, musical performances, documentaries themes, children's themes and animations, stories and topics of general
`interest and television programs; exposed cinematographic films; exposed slide films; slide film mounts,” in International Class 9;
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`“Apparatus for computer games adapted for use with an external display screen or monitor,” in International Class 28;
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`“Computerized online rental services featuring motion pictures; entertainment services, namely, providing an on-line non-downloadable
`computer game; movie theaters; entertainment services, namely, motion simulator rides,” in International Class 41.
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`An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the
`scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.
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`For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S.
`Acceptable Identification of Goods and Services Manual at http://tess2.uspto.gov/netahtml/tidm.html. See TMEP §1402.04.
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`Insufficient Fees
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`The application identifies goods and/or services that are classified in at least 3 classes; however, the fees submitted are sufficient for only 2
`class(es). In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1403.01.
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`Therefore, applicant must either (1) restrict the application to the number of classes covered by the fee(s) already paid, or (2) submit the fees
`for the additional class(es).
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`Requirements for Multiple Class Applications
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`For an application with more than one international class, called a “multiple-class application,” an applicant must meet all the requirements
`below for those international classes based on an intent to use the mark in commerce under Trademark Act Section 1(b):
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`(1)
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`LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods and/or services by international
`class.
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`(2)
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`PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international
`class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at
`http://www.uspto.gov/trademarks/tm_fee_info.jsp).
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`See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
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`If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
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`/Amy Alfieri/
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`Trademark Examining Attorney
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`Law Office 109
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`571.272.9422
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`amy.alfieri@uspto.gov
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`TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/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.
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`All informal e-mail communications relevant to this application will be placed in the official application record.
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`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
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`response.
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`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.uspto.gov/. 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.uspto.gov/trademarks/process/status/.
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`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
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`Description
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`028 Apparatus for electronic games other than those adapted for use with an external display screen or monitor
`3
`023 Fitted plasticfil'ns known as skinstor covering arld protecting electronic gamirlg apparatus, namely, {indicate
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`028 'Game apparatus, namely, bases, bats, and balls for playir'g baseball-like indoor and outdoor games
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`Refine Search: GAMEAND APPARATU
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`Documents: 1 - 7 of 7
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`009 Amnsemenl apparatus and games adapted for use Wifll television receivers or wifll video or computer monitors
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`1-1-2012 This enlry of6-18-2009 was deleted because under file10fl1 Edition offlle Nice Agreement, "Amusement apparatus adapted for use with an
`external display screen or mnnilnr" has been deleted. Under the 10111 Edition, all game apparams are in Class 28 because “games and playfllings” are in
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`To:
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`Subject:
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`Sent:
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`Sent As:
`
`Attachments:
`
`Panasonic Corporation (docketingtm@hdp.com)
`
`U.S. TRADEMARK APPLICATION NO. 85519646 - FULL HD 3D - 9694-200067/
`
`4/2/2013 12:31:42 PM
`
`ECOM109@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`
`ON 4/2/2013 FOR U.S. APPLICATION SERIAL NO. 85519646
`
`Please follow the instructions below:
`
`(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on
`“Documents.”
`
`The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
`hours of this e-mail notification.
`
`(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicable
`response time period. Your response deadline will be calculated from 4/2/2013 (or sooner if specified in the Office action). For information
`regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
`responses to Office actions.
`Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System
`(TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.
`
`(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For
`technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail
`TSDR@uspto.gov.
`
`WARNING
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`Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For
`more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
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`PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are
`using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that
`closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay
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`“fees.”
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`Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
`from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States
`Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle
`private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
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