UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/367274
APPLICANT: RPOST INTERNATIONAL LIMITED
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CORRESPONDENT ADDRESS: ELLSWORTH R. ROSTON FULWIDER, PATTON, LEE & UTECHT, LLP 6060 CENTER DRIVE, TENTH FLOOR LOS ANGELES, CALIFORNIA 90045
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: REGISTERED E-MAIL
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CORRESPONDENT’S REFERENCE/DOCKET NO: RPOST-59306
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 76/367274
This letter responds to the Applicant’s communication dated September 11, 2002.
The applicant (1) amended the recitation of services, and (2) designated a domestic representative. Items (1) and (2) are acceptable and have been entered into the record.
The applicant submitted an Amendment to Allege Use. This submission is acceptable and has been entered into the record.
Registration was refused under Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), because the subject matter for which registration is sought is merely descriptive of the identified services. The examining attorney has considered the applicant's arguments carefully but has found them unpersuasive. The refusal under Section 2(e)(1) is maintained and continued.
Upon further consideration, the examining attorney has reviewed the referenced application and determined the following.
The drawing is not acceptable because the mark is not typed entirely in capital letters. 37 C.F.R. §2.52(a)(1); TMEP §807.06. The applicant must submit a new drawing. If the applicant wishes to register the typed version of the mark, the applicant must submit a drawing on which the mark is typed entirely in capital letters. If the applicant intends to show the mark in special form, the applicant must submit an acceptable special‑form drawing. 37 C.F.R. §2.52.
The requirements for a typed drawing are as follows:
The Office prefers that the drawing be typed on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant’s complete name; the applicant’s address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application.
The mark must be typed entirely in capital letters, without spaces between the letters.
37 C.F.R. §2.52; TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.06.
Response Guidelines
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305-8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven-digit registration number or eight-digit application number, followed by the “#” symbol, after the welcoming message and tone. Callers may request information for up to five registration number or application number records per call.
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.
/Toni Y. Hickey/
Trademark Examining Attorney
Law Office 115
(703) 308-9115 X134
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.