UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/035181
APPLICANT: Carlton Communications Plc
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CORRESPONDENT ADDRESS: PETER M. EICHLER CROSBY HEAFEY ROACH & MAY PC 1901 AVENUE OF THE STARS STE 700 LOS ANGELES CA 90067-6009
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: CARLTON
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CORRESPONDENT’S REFERENCE/DOCKET NO: 3353-2
CORRESPONDENT EMAIL ADDRESS:
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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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Serial Number 76/035181
Applicant is requesting reconsideration of a final refusal dated August 30, 2002.
After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration as to the amendment to the recitation of services and adhere to the final action as written. The amendment does not identify the services so that the wording of the services are acceptable and comply with the Office’s Identification Manual. The following extracts are unacceptable:
“providing information and digital data all relating to advertising” and “distributorship services in the field of pre-recorded videotapes [italicized services are beyond the scope of original recitation and must be deleted]” International Class 35;
“provision of entertainment information in the field of motion pictures, music, and videotapes, on-line from electronic communications networks, or a computer network or the global information computer network” in International Class 41.
Accordingly, applicant’s request for reconsideration is denied. The time for appeal runs from the date the final action was mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c). Here, because the applicant has not timely filed a notice of appeal (the notice of appeal was due on March 3, 2003, or with the petition to revive, and there is not one in the record) this application stands ABANDONED.
/Christopher L. Buongiorno/
Law Office 113
(703) 308-9113 ext. 460