UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/288600
APPLICANT: Simon
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CORRESPONDENT ADDRESS: STEVE HARTMAN SIMON 190 WINDEMERE WAY COLCHESTER VT 05446
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: SIMON
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/288600
This letter responds to the applicant's communication filed on February 2, 2003. The amended recitation of services is acceptable and has been entered into the record. The drawing; however, remains unacceptable and the requirement for a new drawing is maintained and made FINAL.
The examining attorney in its office action dated October 1, 2001, indicated that the drawing was unacceptable and a new drawing of the mark was required that met the requirements for a special form drawing. The applicant did not respond to that request; therefore, the requirement for an acceptable drawing is maintained. As indicated previously, the drawing is not acceptable because it is a photocopy which will not reproduce satisfactorily. The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. Section 2.52. TMEP section 807.05.
The requirements for a special‑form drawing, in addition to the heading, are as follows.
(1) The drawing must appear in black and white; no color is permitted.
(2) Every line and letter must be black and clear.
(3) The use of gray to indicate shading is unacceptable.
(4) The lining must not be too fine or too close together.
(5) The preferred size of the area in which the mark is displayed is 2 1/2 inches (6.1 cm.) high and 2 1/2 inches (6.1 cm.) wide. In no case may it be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.
(6) If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.
37 C.F.R. Sections 2.51 and 2.52; TMEP section 807.05. The Office will enforce these drawing requirements strictly. TMEP section 807. In this case, the mark includes significant amounts of gray and very fine stippling and does not reproduce well.
For the reasons stated above, the requirement for an acceptable drawing of the mark is maintained and made FINAL.
Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Commissioner if permitted by 37 C.F.R. Section 2.63(b). 37 C.F.R. Section 2.64(a). Regarding petitions to the Commissioner, see 37 C.F.R. Section 2.146; TMEP sections 1702 and 1704. If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. Section 2.65(a).
/Bridgett G. Smith/
Examining Attorney
Law Office 115
(703) 308-9115 x 217
(703) 872-9237 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.