UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/484587
APPLICANT: ESI, Corporation
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CORRESPONDENT ADDRESS: HUGH D. JAEGER, 1000 SUPERIOR BOULEVARD, SUITE 302 PLYMOUTH MN 55447 WAYZATA, MN 55391-1873
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom105@uspto.gov
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MARK: PRAGER SHELL
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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 76/484587
This letter responds to the applicant’s communication filed on June 2, 2003.
The refusal under Trademark Act Section 2(e)(4) is continued, pending an acceptable amendment to Trademark Act Section 2(f).
The applicant’s present declaration based on five years use is in the wong form.
An acceptable declaration to Trademark Act Section 2(f) should be presented in the following form.
The applicant should submit a claim of distinctiveness that reads as follows, if accurate.
The mark has become distinctive of the goods/services through the applicant’s substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.
The applicant must provide this statement supported by an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.41(b); TMEP §1212.05(d).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Charles L.Jenkins,Jr./
Trademark Examining Attorney
Law Office 105
(703)308-9105 ex. 142
(703)746-3022 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 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.