UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/457809
APPLICANT: Kimura, Kazuo
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CORRESPONDENT ADDRESS: TIEN-TIN YIU 880 WEST FIRST STREET, SUITE 622 LOS ANGELES, CALIFORNIA 90012
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: CALIFORNIA ROLL FACTORY
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/457809
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 mark which bars registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02. Please note that the examining attorney has found a potentially conflicting pending application.
The examining attorney encloses information regarding pending Application Serial No. 78/119,908. The filing date of the referenced application precedes the applicant’s filing date. There may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. §1052(d). If the referenced application matures into a registration, the examining attorney may refuse registration in this case under Section 2(d). 37 C.F.R. §2.83; TMEP §1208.01.
Before this application can proceed in the registration process, the following informality must be addressed.
A. Disclaimer
The applicant must insert a disclaimer of “CALIFORNIA ROLL” in the application. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i).
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use “CALIFORNIA ROLL” apart from the mark as shown.
“CALIFORNIA ROLL” describes a type of food which could be served at applicant’s restaurant. See the attached Internet excerpt found through the Lycos search engine, 4/16/03.
If the applicant has any questions regarding this Office action, please telephone the assigned examining attorney.
Jeri Fickes
Trademark Attorney, Law Office 108
703/308-9108 x.167
fax 703/746-8108
ecom108@uspto.gov (formal responses)
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.