UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/400318
APPLICANT: Kitty Hawk Kites, Inc.
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CORRESPONDENT ADDRESS: LARRY L. COATS COATS & BENNETT, P.L.L.C 1400 CRESCENT GREEN SUITE 300 CARY, NORTH CAROLINA 27511 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: KITTY HAWK
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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 76/400318
NOTICE OF SUSPENSION
This responds to applicant’s communication mailed on April 16, 2003.
In applicant’s communication the applicant: (1) provided information concerning a cancellation proceeding involving the registrations cited under Trademark Act Section 2(d) [ Reg Nos. 1000305 and 1220968]; (2) presented arguments against the refusal to register the mark on the Principal Register because the mark is primarily geographically descriptive of the applicant's goods; Trademark Act Section 2(e)(2), 15 U.S.C. Section 1052(e)(2); TMEP section 1210.05.
As to item 2, the examining attorney has considered the applicant’s arguments and found them unpersuasive. The refusal to register the mark on the Principal Register because the mark is primarily geographically descriptive of the applicant's goods; Trademark Act Section 2(e)(2), 15 U.S.C. Section 1052(e)(2); TMEP section 1210.05 is continued and maintained.
As to item 1, action on this application is suspended pending the disposition of:
- Cancellation No(s). 92041432
Because the applicant is a party to the above proceeding, the applicant should advise the Examining Attorney of the outcome of the proceeding when it is terminated.
/Monique C. Miller/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 ext. 228
(703) 746-8108(FAX)
ecom108@uspto.gov
Increase in Trademark Filing Fee
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 accept 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.
A Final Rule amending the Rules of Practice in Trademark Cases to provide for this fee increase was published in the Federal Register on November 27, 2002 (67 Fed. Reg. 70,847 (2002)). http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2002/02-30086.htm>
Applicants may now file changes of correspondence via a new form on TEAS. Address changes may be performed on up to 20 cases at a time. The Trademark Office strongly encourages applicants to use this timesaving form, which is available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm
CHANGE OF ADDRESS FOR MAILING TRADEMARK CORRESPONDENCE
To expedite processing, the Office encourages parties to file documents through the Trademark Electronic Application System, at http://www.gov.uspto.report/teas/index.html, wherever possible.
Effective May 1, 2003, the mailing addresses for filing trademark-related documents on paper has changed. See notices at 68 FR 19371 (April 21, 2003) and 68 FR 14332 (March 25, 2003).
All trademark-related correspondence filed by mail, except for documents sent to the Assignment Services Division for recordation and requests for copies of trademark documents, should be addressed to:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, Virginia 22202-3514
The mail box designations previously listed in TMEP §305.01 are no longer in use.
Requests to record documents in the Assignment Services Division can be filed electronically at http://etas.gov.uspto.report/. Paper documents and cover sheets to be recorded in the Assignment Services Division should be sent to:
Mail Stop Assignment Recordation Services
Director of the United States Patent and Trademark Office
P. O. Box 1450
Alexandria VA 22313-1450
Copies of trademark documents can be ordered through the Office’s website at http://www.uspto.gov. Requests for certified or uncertified copies of trademark documents filed on paper should be sent, with an authorization to charge the fee to a credit card or USPTO deposit account, to:
Mail Stop Document Services
Director of the United States Patent and Trademark Office
P. O. Box 1450, Alexandria VA 22313-1450