UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/404637
APPLICANT: Salton, Inc.
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CORRESPONDENT ADDRESS: CAROL ANNE BEEN SONNENSCHEIN NATH & ROSENTHAL P.O. BOX #061080 WACKER DRIVE STATION SEARS TOWER CHICAGO, IL 60606-1080 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: SPA THERAPY
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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 76/404637
This letter responds to the applicant’s communication filed on February 18, 2003. Please note that all issues not discussed in this office action have been resolved.
The examining attorney notes that the applicant has filed an opposition to the prior pending application. Accordingly, pending the disposition of Application Serial No. 75-607061, action on this application is SUSPENDED.
The examining attorney has considered the applicant’s arguments carefully but found them unpersuasive. Accordingly, the refusal under Section 2(e)(1) of the Trademark Act is hereby maintained and CONTINUED for the reasons set forth in the original office action.
Amendment under Section 2(f)
The examining attorney notes that the applicant is arguing in the alternative that its mark has acquired distinctiveness under Section 2(f) of the Trademark Act. The applicant’s attempt to amend the mark under Section 2(f) is acceptable. Thus, upon removal of this application from suspension, if the applicant confirms that it would like to proceed to registration under Section 2(f) of the Trademark, then the descriptiveness refusal will be withdrawn.
Filing Fee Advisory - 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.
/Stacy B. Wahlberg/
Trademark Attorney
Law Office 113
(703) 308-9113 ext. 206
LO Fax (703) 746-8113
LO email: ecom113@uspto.gov
How to respond to Office Actions:
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.