UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/483525
APPLICANT: Advance Magazine Publishers Inc.
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CORRESPONDENT ADDRESS: ERIC E. GISOLFI SABIN, BERMANT & GOULD LLP FOUR TIMES SQUARE NEW YORK, N. Y. 10036-6526
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: THE SHADOW
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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 76/483525
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 or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The applicant also owns Registration No. 2,032,448. The Patent and Trademark Office will not issue duplicate registrations. TMEP §703. However, it appears that Registration No. 2,032,448 will be cancelled for failure to file a §8 Affidavit. The applicant should state whether they have filed or intend to file such §8 Affidavit.
The identification of goods is unacceptable as indefinite. Moreover, the applicant must remove all parenthesis from the identification of goods. The applicant may adopt the following identification, if accurate:
International Class 9: “Video game cartridges and tape cassettes
International Class 28: “Board games, card games, marbles, yo-yos; toys, namely action figures and powered and non-powered vehicles; hand-held unit for playing electronic games; water guns, toy guns, carrying cases for action toys and toy vehicles; stuffed, plush and cloth toys; pinball machines; flying discs”
The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and their classification.
http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. Effective January 10, 2000, the fee for filing a trademark application is $325 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
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.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Leslie L. Richards/
Trademark Examining Attorney
Law Office 106
703-308-9106 ext. 172
703-746-8106 fax
ecom106@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.