UNITED STATES PATENT AND TRADEMARK OFFICE
REGISTRATION NO: 2,509,423
REGISTRANT: MattisonAvenue Corporation
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February 14, 2006 *2509423* |
CORRESPONDENT ADDRESS: Mattison Avenue Corporation Buggies Unlimited 124 Eisenhower Ct Nicholasville KY 40356
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RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: BUGGIES UNLIMITED
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: neil@buggiesunlimited.com |
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 2,509,423
The Section 7 Amendment submitted on July 15, 2004, 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 Buggies Unlimited to Buggies Unlimited Worlds Largest Supplier of Golf Cart Gear and design. 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.
Lisa L. Thompkins
Affidavit/Renewal Examiner
(571) 272-9555 Office
(571) 273-9555 Fax
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.