UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/466132
APPLICANT: Cod Co., Inc.
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CORRESPONDENT ADDRESS: GEORGE B. ERWIN, III SCHMIDT, DARLING & ERWIN 2300 NORTH MAYFAIR ROAD, SUITE 1175 MILWAUKEE, WL 53226
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
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MARK: AUTHENTIC QUALITY MILWAUKEE MOTORCYCLE C ETC.
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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 76/466132
This letter responds to the applicant’s communication filed on November 12, 2003, and December 9, 2003.
The applicant has submitted an acceptable identification of goods, and submitted a drawing within the size requirements which does not contain color. However, the drawing remains unacceptable for other reasons, stated below. As such, the FINAL refusal is withdrawn, but the refusal to register the mark is maintained.
Applicant must clarify whether the lining pattern in the drawing of the mark is intended to indicate color.
If the lining is intended to indicate color, then applicant must do one of the following:
(1) submit a statement that “the color(s) RED, BLUE, BROWN, GREEN, YELLOW are claimed as a feature of the mark,” and a separate statement describing where the colors appear in the mark, i.e., “the color(s) [specify name of color(s)] appear in [specify portion of the mark on which color(s) appear];” or
(2) submit a color drawing with a statement that “the color(s) RED, BLUE, BROWN, GREEN, YELLOW are claimed as a feature of the mark,” and a separate statement describing where the colors appear in the mark, i.e., “the color(s) RED, BLUE, BROWN, GREEN, YELLOW appear in [specify portion of the mark on which color(s) appear].” 37 C.F.R. §2.52(b)(1); Exam Guide 01-03, section I.B.1.; See TMEP §807.09(e).
If the lining does not indicate color, please state so for the record.
Please note:
Description of Color Linings:
· RED or PINK - vertical black lines on white ground
· BROWN - diagonal lower left to upper right black lines on white ground
· BLUE - horizontal black lines on white ground
· GRAY or SILVER - horizontal brick pattern white lines on black ground
· VIOLET or PURPLE - vertical brick pattern white lines on black ground
· GREEN - diagonal upper left to lower right black lines on white ground
· ORANGE - diagonal hatch (crossed) black lines on white ground
· YELLOW or GOLD - horizontal hatch (crossed) black lines on white ground
TMEP § 807.09(b).
Moreover, the ™ is not part of the mark, and the applicant should delete this from the drawing. TMEP §§807.04 and 807.15.
/George M Lorenzo/
Examining Attorney
Law Office 110
Phone: (703) 308-9110, ext 143
Fax: (703) 746-8110
E-mail: ECOM110@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.