UNITED STATES PATENT AND TRADEMARK OFFICE
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REGISTRATION NO: 2,035,205
REGISTRANT: ASSOCIATION OF DIVING CONTRACTORS INTERN ETC.
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August 11, 2006 *2035205* |
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CORRESPONDENT ADDRESS: GREG R. MIER ONEBANE LAW FIRM 1200 CAMELLIA BLVD., SUITE 300 P.O. BOX 3507 LAFAYETTE, LA 70502-3507 |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ADC
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Registration date, registration number, mark and registrant's name. 2. Date of this Office Action. 3. Examiner's name and Post Registation Division. 4. Your telephone number and e-mail address.
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Registration Number 2,035,205
The Section 7 Amendment submitted on June 16, 2006 is not accepted for the reasons set forth below.
The proposed amendment to the mark would materially alter the character of the mark and thus cannot be accepted. 15 U.S.C. §1057(e); 37 C.F.R. §2.173(a). A registered mark can be amended only if the change does not alter the character and commercial impression of the mark, i.e., the change creates essentially the same impression as the original mark. In re Umax Data System, Inc., 40 USPQ2d 1539 (Comm’r Pats. 1996); TMEP §1609.02(a).
The owner seeks to amend the mark in the registration from the orginal registered mark to adding the word “International” to the mark. The proposed amendment would result in a mark with a different visual impression from that of the original mark, i.e., the two marks do not appear as essentially the same mark. Accordingly, the Section 7 Amendment is not accepted.
If you disagree with the above refusal of your Section 7 Amendment, you may file a petition requesting review of this decision by the Director. The petition must be filed within six months from the mailing date of this letter and must be accompanied by a fee of $100. 37 C.F.R. §§2.6, 2.146(a)(2) and 2.176.
Vicky Copeland
Trademark Specialist
Post Registration Division
Office of Trademark Services
(571) 272-9521
Fax (571) 273-9521
How to respond to this Office Action:
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the registration number, the words 'Post Registration' and the examiner's name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.