UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/420004
APPLICANT: abc distributing, inc.
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CORRESPONDENT ADDRESS: DAVID C GRYCE ARENT FOX KINTNER PLOTKIN & KAHN, PLLC 1050 CONNECTICUT AVE NW WASHINGTON DC 20036-5339
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK:
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: marla.berman@abcdistributing.com |
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 76/420004
This letter responds to the applicant’s communication filed on May 8, 2003. The amendments contained in the above-referenced response, with the exceptions cited below, are accepted and entered into the record.
The substitute drawing is not acceptable because it will not reproduce satisfactorily. The applicant used gray shading in the girl’s hair. The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. §2.52. TMEP §807.07(a).
The requirements for a special‑form drawing are as follows:
(1) The drawing must appear in black and white; no color is permitted.
(2) Every line and letter must be black and clear.
(3) The use of gray to indicate shading is unacceptable.
(4) The lining must not be too fine or too close together.
(5) The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide. It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.
(6) If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.
37 C.F.R. §2.52; TMEP §§807.01(b) and 807.07(a). The Office will enforce these drawing requirements strictly.
The Office prefers that the drawing be depicted 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. 37 C.F.R. §2.52(b); TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.07(a).
If the applicant uses stippling in the amended drawing, then include one of the following statements:
The stippling shown in the drawing is a feature of the mark and is not intended to indicate color.
The stippling in the drawing is for shading purposes only.
37 C.F.R. Section 2.35; TMEP section 807.06(d).
The applicant has classified the services incorrectly. The applicant must amend the application to classify the services in International Class 35. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b). The applicant must ABANDON Class 42 as all of the services fall within one class.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Tracy Cross
/Tracy Cross/
Examining Attorney
Law Office 103
Phone: (703) 308-9103 ext. 224
Fax: (703) 746-8103
Email: ecom103@uspto.gov3@uspto.gov
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.
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.