UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/305657

 

This letter responds to the applicant’s communication filed on December 18, 2002.

 

Drawing Requirements are Made FINAL

The requirements that the applicant submit an accurate drawing of the proposed configuration mark, supporting text description of the configuration, and a lining statement, have not been satisfied.  For the reasons below, these requirements are maintained and made FINAL.

 

If the applicant wishes to register a configuration of the goods or a specific design feature of the goods, the applicant should note the following requirements concerning the drawing.  The drawing should present a single three‑dimensional view of the goods, showing those features which the applicant claims as its mark in solid lines and the remainder of the drawing in broken or dotted lines.  In re Water Gremlin Co., 635 F.2d 841, 208 USPQ 89 (C.C.P.A. 1980); In re Famous Foods, Inc., 217 USPQ 177 (TTAB 1983); 37 C.F.R. §2.52(a)(2)(iii); TMEP §§807.10 and 807.12.  A clear and concise description of the mark should also be included in such an application.  TMEP §§807.12 and 1202.02(d).

 

Additionally, any lining in the proposed mark must be explained as either a feature of the mark, or as shading for three-dimensional depiction.

 

Response to a Final Office Action

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 Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700.  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. §2.65(a). 

 

 

 

 

 

/Wm. Patrick Shanahan/

Trademark Attorney, L.O. 116

(703) 306-7920

Fax (703) 746-8116

ecom116@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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.