UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/460217
APPLICANT: Iluna Group S.p.A.
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CORRESPONDENT ADDRESS: SUSAN B. FLOHR BLANK ROME THE FARRAGUT BUILDING 900 17TH ST. NW SUIT 1000 WASHINGTON, DC 20006 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: TIM
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CORRESPONDENT’S REFERENCE/DOCKET NO: 116812.00107
CORRESPONDENT EMAIL ADDRESS: flohr@blankrome.com |
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 76/460217
The applicant has filed asserting a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and claiming priority under Section 44(d), 15 U.S.C. §1126(d), based on a foreign application. When an application is filed pursuant to Section 44(d), this Office presumes, unless otherwise indicated, that the applicant intends to rely upon the resulting foreign registration as a basis for registration in the U.S. TMEP §§806.02(f) and 1003.03. Under such circumstances, the application may not be approved for publication until a true copy, a photocopy, a certification, or a certified copy of the foreign registration and, if appropriate, an English translation have been filed. It is customary for the translator to sign the translation.
This application is otherwise in condition for publication. Therefore, action on this application is SUSPENDED pending receipt of the foreign registration and, if appropriate, an English translation. TMEP §§806.02(f) and 1003.04.
If the applicant wishes to proceed relying on its intent to use the mark in commerce as the sole basis for registration, the applicant may instruct the examining attorney to approve the case for publication based solely on the Section 1(b) basis. If the applicant does so, the applicant retains its priority claim under Section 44(d). TMEP §§806.02(f) and 806.04(b). Of course, although the application may be approved for publication, the mark will not be registered until an acceptable allegation of use has been filed.
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. §1052(d). TMEP §704.02.
Henry S. Zak
Examining Attorney
Law Office 108
(703)308-9108 x 149
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.