To: | UBS PaineWebber Inc. (lrestaino@brownraysman.com) |
Subject: | TRADEMARK APPLICATION NO. 76253335 - FINANCIAL SUMMARY - 4797-24A |
Sent: | 3/13/03 12:53:51 PM |
Sent As: | ECom111 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/253335
APPLICANT: UBS PaineWebber Inc.
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CORRESPONDENT ADDRESS: Leslie Gladstone Restaino Brown Raysman Millstein Felder & Steiner 163 Madison Avenue P.O. Box 1989 Morristown NJ 07962-1989
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom111@uspto.gov
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MARK: FINANCIAL SUMMARY
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CORRESPONDENT’S REFERENCE/DOCKET NO: 4797-24A
CORRESPONDENT EMAIL ADDRESS: lrestaino@brownraysman.com |
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 76/253335
This letter is in response to the communication received from applicant on December 22, 2002. It is noted that applicant has attempted to amend to the Supplemental Register. This amendment is unacceptable for the reason stated below. The refusal under Section 2(e) (1) is continued.
The proposed amendment to seek registration on the Supplemental Register is unacceptable. An application filed under Trademark Act Section 1(b), 15 U.S.C. §1051(b), on the basis of a bona fide intent to use the mark in commerce, may not be amended to the Supplemental Register until the applicant files an acceptable amendment to allege use under 37 C.F.R. §2.76 or an acceptable statement of use under 37 C.F.R. §2.88. 37 C.F.R. §2.47(c); TMEP §§815.02, 816.02 and 1102.03.
If the applicant timely files an acceptable amendment to allege use or statement of use and an amendment to the Supplemental Register, the effective filing date of the application is the date on which the amendment to allege use or statement of use was filed. 37 C.F.R. §2.75(b); TMEP §§206.01, 816.02 and 1102.03. A new search of the Office records for references would be done at that time.
RESPONSE
The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. Section 1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
/Margery A. Tierney/
Examining Attorney
Law Office 107
(703) 308-9111, ext 220
(703) 536-5277, ext 220
email: margery.tierney@uspto.gov
Fax:
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.