UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/459507
APPLICANT: TSI Brands, Inc.
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CORRESPONDENT ADDRESS: CLAIRE M. KIMBALL ALSTON & BIRD LLP ONE ATLANTIC CENTER 1201 W. PEACHTREE STREET ATLANTA, GEORGIA 30309-3424 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: AUTHENTIC KHAKI CO.
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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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PRIORITY ACTION
OFFICE SEARCH: 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 704.02.
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.
Serial Number 76/459507
The following issues were discussed in voicemail communication with Ginabeth Hutchison on March 31, 2003.
The applicant must insert a disclaimer of CO. 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 CO. apart from the mark as shown.
Terms such as “Co.,” “Corporation,” “Inc.” and “Ltd.” must be disclaimed because they merely indicate the nature of the applicant’s entity and are not source indicators. See In re Packaging Specialists, Inc., 221 USPQ 917 (TTAB 1984); In re Martin’s Famous Pastry Shoppe, Inc., 221 USPQ 364 (TTAB 1984) aff’d on other grounds, 748 F.2d 1565, 223 USPQ 1289 (Fed. Cir. 1984); TMEP §1213.03(d).
/Mary Rossman/
Mary Rossman, Trademark Attorney
Law Office 108; 703 308 9108 x 298
ecom108@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.
To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/
For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.