UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/386949
APPLICANT: Audiogalaxy, Inc.
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CORRESPONDENT ADDRESS: STEVEN R. SPRINKLE GRAY CARY WARE & FREIDENRICH LLP 1221 SOUTH MOPAC EXPRESSWAY SUITE 400 AUSTIN, TEXAS 78746
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: AUDIOGALAXY
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CORRESPONDENT’S REFERENCE/DOCKET NO: 105000-90010
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 76/386949
This letter responds to the applicant’s communication filed on 21 May 2003.
NOTICE OF SUSPENSION
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 75-628330, 75-891842, 75-891595, 75-891571 and 75-891558 (As Application Serial No. 76-235908 has been abandoned, reference to this application as a potential bar to registration is WITHDRAWN.)
Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application(s) was sent previously. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.
The examining attorney has considered the applicant’s arguments carefully, nevertheless she remains unpersuaded. The applicant is advised that as “audio” is descriptive of the applicant’s goods and services it is of little, if any trademark significance. The refusal under Section 2(d), citing U.S. Registration Nos. 2504820 and 2283620, is CONTINUED.
The amended identification of goods and the amended recitation of services are accepted and have been made of record.
In light of the amended identification of goods, the requirement for substitute specimens is WITHDRAWN.
/Katherine Stoides/
Examining Attorney
Law Office 110
(703) 308-9110 ext.166