UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 75/931410
APPLICANT: Microcell Corporation
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CORRESPONDENT ADDRESS: INTELLECTUAL PROPERTY/TECHNOLOGY LAW |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: MICROCELL
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CORRESPONDENT’S REFERENCE/DOCKET NO: 4172-101
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address..
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By correspondence filed simultaneously with a Notice of Appeal dated May 14, 2004, applicant is requesting reconsideration of a final refusal dated January 29, 2004.
In that action, registration was finally refused on the grounds that the mark is merely descriptive of the identified goods. Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1). In addition, the requirement for a more definite identification of goods was maintained and made final. TMEP 1402.11.
The applicant has amended the description of goods and such description is now acceptable. Accordingly, that requirement is now WITHDRAWN. However, the applicant has not raised any new facts or arguments with respect to the refusal under Section 2(e)(1) and thus the final refusal on that basis is continued.
This case is being returned to the Trademark Trial and Appeal Board for further action.
/Heather D. Thompson/
Trademark Examining Attorney
Law Office 103
voice: 703.308.9103 ext. 223
fax: 703.746.6259
heather.thompson1@uspto.gov
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
My Law Office will move on 10/19/04. To reach me by phone after that date call (571) 272-9287.
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9103.