UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/413643
APPLICANT: Esprit IP Limited
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CORRESPONDENT ADDRESS: LAWRENCE E APOLZON FROSS ZELNICK LEHRMAN & ZISSU PC 866 UNITED NATIONS PLAZA NEW YORK NY 10017
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK: ESP ESPRIT SPORTS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 22151117/020
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 76/413643
This letter responds to the applicant’s communication filed on June 1, 2003.
The applicant has responded to the Final refusal issued May 27, 2003. The applicant’s amendment to the identification of goods in Class 18 is not acceptable for the following reason.
The wording “business card holders” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “business card cases or leather business card holders.” ,”. TMEP §1402.01.
Please note that this wording was overlooked in the applicant’s last correspondence therefore the Final action issued was premature. Accordingly, because a new issue has been raised the Final refusal is withdrawn and this Office action is issued.
PLEASE NOTE: All of the issues raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
/Lesley LaMothe/
Trademark Attorney
Law Office 103
703-308-9103 ext 487
e-mail- lesley.lamothe@uspto.gov
fax- 703-746-8103
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.