Offc Action Outgoing

ACES III

AMI INDUSTRIES, INC.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/465341

APPLICANT: Universal Propulsion Company, Inc.

CORRESPONDENT ADDRESS:

EDWARD A. PENNINGTON

SWIDLER BERLIN SHEREFF FRIEDMAN, LLP

3000 K STREET, N.W., STE300

WASHINGTON, D.C. 20007-5116

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom114@uspto.gov

MARK: ACES III

CORRESPONDENT’S REFERENCE/DOCKET NO: 202GEN0035B

CORRESPONDENT EMAIL ADDRESS:

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.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/465341

This application was approved for publication when a thorough review revealed that the drawing was unsatisfactory. There is all sorts of graphic “noise” surrounding the design portion and both inside and outside of the letters of the words. This means a very unsatisfactory reproduction in the Official Gazette. The “noise” resembles stippling but it is clearly not stippling but seems to be a result of corruption by fax or photocopier.

Applicant must submit a new, clean drawing of the mark that is amenable to reproduction.

SPECIAL FORM DRAWING REQUIREMENTS

The requirements for a special‑form drawing are as follows.

(1) The drawing must appear in black and white; no color is permitted.

(2) Every line and letter must be black and clear.

(3) The use of gray to indicate shading is unacceptable.

(4) The lining must not be too fine or too close together.

(5) The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide. It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.

(6) If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.

37 C.F.R. Sections 2.51 and 2.52; TMEP section 807.05. The Office will enforce these drawing requirements strictly. TMEP section 807.

PRIOR REGISTRATION

If the applicant is the owner of Registration No. Reg. Nos. 1336522 and 1336523, the applicant must submit a straightforward claim of ownership. The explanation has already been submitted. 37 C.F.R. Section 2.36; TMEP section 812.

/Jill C. Alt/

Trademark Attorney

Law Office 114

Tel. (703) 308-9114 Ext. 433

Fax:(703) 746-8114

E-Mail: ecom114@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.