UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/222202
APPLICANT: Maximum Availability Ltd
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CORRESPONDENT ADDRESS: LAWRENCE E. ABELMAN C/O ABELMAN, FRAYNE & SCHWAB 150 EAST 42ND STREET NEW YORK, NY 10017-5612
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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: NOMAX
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CORRESPONDENT’S REFERENCE/DOCKET NO: 866946
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 76/222202
The following confirms the telephone conversation Stephen Quigley, Esq. On December 24, 2003, Applicant requested reconsideration of a final refusal dated June 24, 2003. Please note that in the final refusal, the incorrect Registration number was given. The final refusal was with regard to Registration No. 2628559 for NOEMAX. The argument and evidence in the June 24, 2003 Office Action were with regard to Registration No. 2628559. On March 3, 2004, the examining attorney issued a non-final action with regard to Registration No. 2628559. The prosecution history will be changed to show the March, 3, 2004 Office Action as an “action continuing a final refusal.”
After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue. Please see additional evidence attached to the March 3, 2004 Office Action.
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). This application will be returned to the Trademark Trial and Appeal Board for resumption of the appeal.
Tracy Cross
/Tracy Cross/
Examining Attorney
Law Office 103
Phone: (703) 308-9103 ext. 224
Fax: (703) 746-8103