UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/492309
APPLICANT: New Millennium Technologies, LLC
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CORRESPONDENT ADDRESS: RUSSELL CARTER GACHE SIROTE & PERMUTT, P.C. P.O. BOX 55727 BIRMINGHAM AL 35255-5727
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: PMADS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 039214-00003
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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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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/492309
The following issues were discussed in communication with Ruseell Gache on August 13, 2003.
The applicant must indicate whether the letters “PMADS” has any significance in the relevant trade or industry or as applied to the goods/services. 37 C.F.R. §2.61(b).
Identification of Goods
The identification of goods is unacceptable because it includes registered trademarks. Because a trademark or a service mark indicates origin in only one party, and because a mark may be used for many different types of goods or services, it is inappropriate to use a trademark or a service mark to identify a kind of product or services. TMEP section 804.07. The applicant must therefore delete the registered trademark “Java” from the identification (Registration No. 2178784).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Tricia McDermott Thompkins /TMT/
Trademark Attorney
Law Office 114
Phone No.: 703-308-9114 x263
Fax No.: 703-746-8114/6506
Email: ecom114@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.
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