UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/453079
APPLICANT: Cohen, Leon
|
|
|
CORRESPONDENT ADDRESS: ALEXANDER E. BARTHET PATRICK C. BARTHET, P.A. 200 S. BISCAYNE BLVD., SUITE 1800 MIAMI FL 33131
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom105@uspto.gov
|
|
MARK: FIRST
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 76/453079
The assigned examining attorney has reviewed the referenced application and determined the following.
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. Section 1052(d). TMEP section 704.01.
The wording “leasing and rental” of “hotels” in the recitation of services is unacceptable as indefinite and is too broad because it may include services classified in other classes. Please note that, while an application may be amended to clarify or limit the recitation, additions to the recitation are not permitted. 37 C.F.R. Section 2.71(a); TMEP section 1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services identified in the present recitation. The applicant may adopt the following recitation, if accurate:
Real estate management, namely, listing and managing real estate in the form of industrial, commercial building, office space, residential, condominium, and hotel; leasing and rental of industrial, commercial and residential buildings, office space and condominiums in International Class 36.
Real estate development and construction of industrial, commercial and residential buildings, office space, condominiums, and hotels in International Class 37.
Rental of hotel rooms in International Class 43.
TMEP section 1402.11.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. The applicant has only submitted one fee with this application, despite the applicant’s claim in the body of the application that two fees were submitted. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
The drawing of the mark contains various colors. A drawing must be in black-and-white. Therefore, the applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. Section 2.52.
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. Sections 2.51 and 2.52; TMEP section 807.07(a). The Office will enforce these drawing requirements strictly. TMEP section 807.
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.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Elizabeth Pignatello
Elizabeth Pignatello
Trademark Examining Attorney
Law Office 105
(703) 308-9105 Ext. 224
(703) 872-9825 fax
ecom105@uspto.gov -formal response
elizabeth.pignatello@uspto.gov -informal
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.