UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/451042
APPLICANT: Wicked Vision
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CORRESPONDENT ADDRESS: STAN LEVY 3006 MEADOWBROOK CT CHAMPAIGN IL 61822-6151
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom107@uspto.gov
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MARK: MANY HAPPY RETURNS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: s-levyl@uiuc.edu |
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 76/451042
The assigned examining attorney has reviewed the referenced application and determined the following.
Registration is refused because the applicant is not the owner of the mark. Trademark Act Sections 1 and 44, 15 U.S.C. §§1051 and 1126. Under 15 U.S.C. §1126, the applicant must be the owner of the foreign registration on the filing date of the United States application. 37 C.F.R. §2.34(a)(3); TMEP §1005. In re De Luxe, N.V., 990 F.2d 607, 26 USPQ2d 1475 (Fed. Cir. 1993); In re Tong Yang Cement Corp., 19 USPQ2d 1689 (TTAB 1991). In this case, the foreign certificate specifies an owner other than the applicant. Note how the owner here is Wicked Vision, while the owner of the foreign registration is Wicked Vision Ltd.
If the applicant is the owner of the foreign registration and can prove ownership of the foreign registration by an assignment before filing in the United States, the §44 basis can remain in the application. The applicant must submit a substitute certificate of registration, a verification from the foreign trademark office that reflects the applicant’s ownership of the foreign registration and the date of the assignment, or evidence that the foreign registration was assigned to the applicant before the filing date of the United States application. TMEP §§1005 and 1006.
The undersigned attempted to contact Stan Levy by telephone on February 10, 2003, to see if (1) he is an attorney at law, and (2), if so, whether the name in the U.S. application is stated correctly. There was no answer or answering message at the listed number for Mr. Levy. Note that if Mr. Levy is neither an attorney at law nor an officer of applicant, he may not enter even the slightest amendment to the form of applicant’s name on applicant’s behalf. He may not represent applicant in any way under these circumstances.
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
If the applicant has any questions about this Office action, please telephone the assigned examining attorney.
/Steven Foster/ Trademark Attorney
Law Office 107
(703) 308-9107 Ext. 131
Fax number for the Law Office: (703) 746-8107
E-mail responses: ecom107@uspto.gov
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.