UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/455118
APPLICANT: Wu, Bill
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CORRESPONDENT ADDRESS: BILL WU 9008 NORTH CAMDEN DRIVE ELK GROVE, CA 95624
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: UNEK
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CORRESPONDENT’S REFERENCE/DOCKET NO: 979125
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 76/455118
NOTICE OF SUSPENSION
The applicant’s response to the first Office action was filed on April 16, 2003 by the applicant’s attorney, Nancy A. Barragan, of Parker Stanbury, LLP with instructions that any and all Office correspondence be mailed directly to the applicant.[1] The examining attorney has reviewed the applicant’s response and has determined as follows.
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 78/045030 and 76/407989
Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application(s) was sent previously. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.
The following refusals/requirements are continued:
Likelihood of Confusion Refusal Citing Registration Nos. 2629042 and 2179748[2]
Requirement for Amended Special Form Drawing[3]
If the applicant has any questions, please telephone the undersigned examining attorney.
/Sonya B. Stephens/
Trademark Attorney
Law Office 108
(703) 308-9108 ext. 227 (phone)
(703) 746-8108 (fax)
ecom108@uspto.gov
To expedite processing, the Office encourages parties to file documents through the Trademark Electronic Application System, at http://www.gov.uspto.report/teas/index.html, wherever possible.
Effective May 1, 2003, the mailing addresses for filing trademark-related documents on paper has changed. See notices at 68 FR 19371 (April 21, 2003) and 68 FR 14332 (March 25, 2003).
All trademark-related correspondence filed by mail, except for documents sent to the Assignment Services Division for recordation and requests for copies of trademark documents, should be addressed to:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, Virginia 22202-3514
The mail box designations previously listed in TMEP §305.01 are no longer in use.
Requests to record documents in the Assignment Services Division can be filed electronically at http://etas.gov.uspto.report/. Paper documents and cover sheets to be recorded in the Assignment Services Division should be sent to:
Mail Stop Assignment Recordation Services
Director of the United States Patent and Trademark Office
P. O. Box 1450
Alexandria VA 22313-1450
Copies of trademark documents can be ordered through the Office’s website at http://www.uspto.gov. Requests for certified or uncertified copies of trademark documents filed on paper should be sent, with an authorization to charge the fee to a credit card or USPTO deposit account, to:
Mail Stop Document Services
Director of the United States Patent and Trademark Office
P. O. Box 1450, Alexandria VA 22313-1450
[1] Because the applicant is now represented by counsel, the applicant is advised that the examining attorney will only discuss the application with the applicant’s attorney. The applicant is advised that, when an applicant is represented by a practitioner qualified under 37 C.F.R. §10.14 to practice before the Office in trademark cases, the Office will communicate only with the practitioner, unless that representation is terminated without replacement. If the applicant contacts the Office regarding the application, the applicant will be advised that the Office will only discuss the matter with applicant’s attorney. See TMEP section 601.
[2] The applicant has not responded to the Likelihood of Confusion Refusal. Consequently, the Refusal is CONTINUED.
[3] The applicant has not responded to the requirement for an amended special form drawing. Therefore, the Requirement is CONTINUED. The examining attorney notes that the applicant’s attorney has indicated the following in the response to the first Office action: “Mr. Wu is unclear as to which specification of the mark is unacceptable as your letter is rather vague.” The examining attorney believes that the first Office action letter was, in fact, extremely specific about the problem with the applicant’s submitted special form drawing. The applicant is directed to the top of page 5 of the first Office action which clearly states: “The applicant’s special form drawing is unacceptable because it consists of pasted or taped material.” In other words, the applicant cut out a photocopy of his mark and pasted it to the submitted drawing page. This Office will not accept pasted on drawings pursuant to TMEP section 807.07 (as explained at the bottom of page 4 of the first Office action).