UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/245012
APPLICANT: TV Guide Magazine Group, Inc.
|
|
CORRESPONDENT ADDRESS: REBECCA B. GIBBS FISH & NEAVE 1251 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10020
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
|
MARK: THE CABLE GUIDE
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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.
|
Serial Number 76/245012
This letter responds to the applicant’s communication filed on May 19, 2003.
The amendment to the Supplemental Register has been accepted.
Applicant submitted October 16, 2003, a disclaimer of the wording “cable or guide”. Such a construction of the disclaimer indicates that applicant disclaims either the word “cable” or the word “guide”, but not both. Such is unacceptable because both words constitute generic wording that aptly describes applicant’s goods. In addition, the word “the” has no trademark significance. Correspondingly, applicant must submit a disclaimer of all the wording as a unit. See: In re Wanstrath, 7 USPQ2d 1412 (Comm’r Pats. 1988).
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use “THE CABLE GUIDE” apart from the mark as shown.
Because applicant failed to submit a proper disclaimer of the unitary wording, the following is instituted:
Registration is refused because applicant failed to submit a disclaimer of the wording “THE CABLE GUIDE”. Trademark Act §§ 2 (e)(1) & 6.
/David C. Reihner/, Examining Attorney
Law Office 111, 703-308-9111 ext. 469
703-746-8107 fax. ecom107@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’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 EXAMINING ATTORNEY.