UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/478865
APPLICANT: Canal Group, Inc.
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CORRESPONDENT ADDRESS: BERNHARD KRETEN 300 CAPITOL MALL STE 1100 SACRAMENTO CA 95814-4348
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom105@uspto.gov
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MARK: BELLY
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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 76/478865
The assigned examining attorney has reviewed the referenced application and determined the following.
The examining attorney has searched the Office records and has found no similar registered mark which bars registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02. Please note however that the examining attorney has found a potentially conflicting pending application.
As such, the examining attorney now encloses information regarding pending Application Serial No. 78098821. In this case, the filing date of the referenced application precedes the applicant’s filing date. There may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. §1052(d). If the referenced application matures into a registration, the examining attorney may refuse registration in this case under Section 2(d). 37 C.F.R. §2.83; TMEP §1208.01.
If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to this issue. The election to address this issue at this time in no way limits the applicant's right to address this issue at a later point. Nevertheless, the applicant must respond to the following informality.
INFORMALITY:
The applicant must also respond to the following issue.
CLASSIFICATION OF SERVICES:
The applicant has classified the services incorrectly. The applicant must amend the application to classify the services in International Class 043. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Brian D. Brown/
Trademark Attorney
Law Office 105
(703) 308-9105 ext. 178
(703) 872-9825 fax
ecom105@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.
FEE INCREASE:
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.