UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

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. 

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.  This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

Serial Number  76/470035

 

The following issues were discussed in communication with Manfred Sternberg on February 15^th, 2003.

 

New Drawing Required

 

In this instance, the drawing for the mark “CRESCENT SHIELD” and design contains gray shading throughout the mark.  Some of the grayish shading has also caused a smudgy appearance in the drawing so that it does not reproduce in a satisfactory manner.  As shown under standards number one, two and three below, “the drawing must appear in black and white; no color is permitted, every line and letter must be black and clear and the use of gray to indicate shading is unacceptable.” 

 

The drawing is otherwise acceptable under USPTO standards.  However, the applicant must submit a new drawing page based upon standards listed below that does not contain gray shading (whitens or blackens the gray) in the mark

 

The requirements for a special‑form drawing, in addition to the heading, 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 2 1/2 inches (6.1 cm.) high and 2 1/2 inches (6.1 cm.) wide.  In no case may it 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.

 

The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant's complete name; the applicant's address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application.

Applicant Must Explain Purpose of Lining/Stippling

 

The drawing of the mark contains what could be construed as stippling lining, which has potentially caused the gray shading in the mark.  As noted above, a new drawing is required.  If the newly submitted drawing contains stippling lining (as the current drawing potentially does), then the applicant must explain the purpose of the stippling.

 

(1)  If the stippling in the drawing is a feature of the mark, the applicant must submit the following statement:  “The  stippling shown in the drawing is a feature of the mark.”

 

(2)  If the stippling in the drawing is not a feature of the mark, but merely indicates shading, the applicant must submit the following statement:  “The stippling shown in the mark is merely to indicate shading.”

 

(3)  If the stippling in the drawing is to indicate color, the applicant is advised that as of October 30, 1999, the Office no longer requires the use of lining and stippling to indicate color.  However, the Office will continue to accept drawings that show color by using the color linings formerly shown in 37 C.F.R. Section 2.52(e).  If the applicant wants to use the drawing of record, the applicant must submit the following statement:  “The mark is lined for the color(s) ____________ (specify the color(s)).”

 

(4)  If the stippling in the drawing is to indicate color, the applicant also has the option of deleting the stippling from the mark and indicating color using the provisions of the new law.  If the applicant wishes to delete the lining from the mark, the applicant must submit a new black-and-white drawing of the mark that meets the requirements of 37 C.F.R. Section 2.52(a)(2)(i), along with a statement of what the color is and where the color appears in the mark.  

 

(5)  If the applicant indicates that color is part of the mark, either by using the color lining system or by describing the color and where it appears in the mark, the Office will presume that the applicant is claiming color as a feature of the mark.  If the applicant does not consider color to be a feature of the mark, the applicant may submit a statement that "no claim is made to color" or "color is not a feature of the mark."

 

Response

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.

 

 

 

Christopher Scott Adkins

Examining Attorney

Law Office xxx

(703) 308-91xx ext.xxx437

 

 

 

How to respond to this Priority 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