UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/475740
APPLICANT: InsMark, Inc.
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CORRESPONDENT ADDRESS: NEIL E. TAXY LELAND, PARACHINI, STEINBERG, MATZGER 333 MARKET STREET, 27TH FLOOR SAN FRANCISCO, CA 94105
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RETURN ADDRESS: Commissioner for Trademarks2900 Crystal DriveArlington, VA 22202-3514ecom103@uspto.gov
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MARK: FINANCIAL FIREPOWER
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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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EXAMINER’S AMENDMENT/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 76/475740
In accordance with the authorization granted by Neil E. Taxy on June 18, 2003, the application has been AMENDED as indicated below. If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e). Please advise the undersigned if there is an objection to the amendment.
Identification of Goods / Recitation of Services
The identification of goods and services is amended as follows: The typographical error of “teh” in Class 35 is amended to “the”.
This case will be given priority as an amended case if you respond to the requirements stated below within two months.
The applicant must insert a disclaimer of FINANCIAL in the application. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i). The term “financial” refers to “Of, relating to, or involving finance, finances, or financiers.”[1] The applicant’s goods and services are in the area of retirement planning and estate planning. These areas include financial services. The term must be disclaimed as descriptive of a feature of the applicant’s goods and services.
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use FINANCIAL apart from the mark as shown.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Gina M. Fink/
Trademark Attorney - Law Office 103
Phone: (703) 308-9103 ext. 232
Law Office 103 Fax: (703) 746-8103
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 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
[1]The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.