UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/506263
APPLICANT: Baydel North America, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: DATAFRAMEWORKS
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CORRESPONDENT’S REFERENCE/DOCKET NO: BNA-03i
CORRESPONDENT EMAIL ADDRESS: |
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 76/506263
This letter responds to the applicant’s communication filed on July 30, 2004.
The applicant’s request to amend the application to seek registration on the Supplemental Register is noted. However, registration is refused on the Supplemental Register on the ground that the proposed mark is not in lawful use in commerce. Trademark Act Section 23, 15 U.S.C. §1091. Amendment to the Supplemental Register is unacceptable because this application is based on applicant’s bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and applicant has not yet submitted an acceptable amendment to allege use under 37 C.F.R. §2.76 or a statement of use under 37 C.F.R. §2.88. 37 C.F.R. §§2.47(d) and 2.75(b); TMEP §1102.03.
The trademark examining attorney will withdraw this refusal if applicant submits an amendment to allege use that meets the minimum filing requirements of 37 C.F.R. §2.76(e) or a statement of use that meets the minimum filing requirements of 37 C.F.R. §2.88(e). If applicant does not delete the amendment to the Supplemental Register and submits an allegation of use in response to this refusal, then the Office will consider the filing date of the amendment to allege use or statement of use to be the effective filing date of the application, and the trademark examining attorney will conduct a new search of Office records for conflicting marks. 37 C.F.R. §2.75(b); TMEP §§206.01 and 1102.03.
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/James A. Rauen/
Trademark Examining Attorney
Law Office 103
(571) 272-9211
(571) 273-9103
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.