UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/455698
APPLICANT: Homac Manufacturing Company
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CORRESPONDENT ADDRESS: DAVID L. SIGALOW, ESQ. PO BOX 3791 ORLANDO FL 32802-3791
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: RADIATING RIB SPLICE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 64517
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 76/455698
This letter responds to the applicant’s communication filed on April 10, 2003.
Resolved Issues:
The substitute specimen is ACCEPTABLE. Accordingly, the refusal under Sections 1, 2 and 45 for failure to function as a trademark is WITHDRAWN.
The revised drawing is ACCEPTABLE.
The disclaimer of SPLICE is ACCEPTABLE.
Unresolved/New Issue:
In the first Office Action, the Examining Attorney stated that applicant should include a statement regarding stippling in the mark should the revised drawing include stippling. The applicant amended the application to state that stippling is a feature of the mark. The Examining Attorney observes no stippling in the revised drawing of the mark. Accordingly, the applicant should delete the amendment concerning stippling. In addition, the lining shown in the drawing appears to be a feature of the mark and not intended to indicate color. The applicant must insert a statement to that effect. 37 C.F.R. §2.37; TMEP §807.09(e).
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.
/ELIZABETH J. WINTER/
Trademark Examining Attorney
Law Office 113
(703) 308-9113 ext. 480; FAX (703) 746-6228
(703) 285-1184 (M, T, W, F)
To respond to this Office action electronically, the applicant must:
o include the serial number in the subject line;
o send the response to ecom113@uspto.gov. Responses sent to any other address will NOT be processed, and may result in ABANDONMENT of the application;
o submit specimens and/or evidence as scanned images or digital photographs in .GIF or .JPG format only. NO OTHER FORMATS WILL BE PROCESSED (TMEP §304.01);
o respond within six-months from the Office action mailing date, or within the period stated in the Office action;
o respond in English; and
o sign the response electronically, e.g. /john smith/. See 37 CFR §1.4(d)(1)(iii); TMEP §§304.08 and 804.05.
If the applicant wishes to receive future office actions by e-mail, the applicant must state in the response that “The applicant authorizes the USPTO to communicate with the applicant electronically at the following e-mail address: ____________.” Note: only one e-mail address may be used for correspondence. TMEP §804.07.
The examining attorney will send correspondence only to the e-mail address listed in the application. A request to change an e-mail address may be submitted by signed e-mail to one of the above e-mail addresses.
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.