UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/511566
APPLICANT: Blue Wing, Inc.
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CORRESPONDENT ADDRESS: PAMELA A. CURRAN MESSERLI & KRAMER PA 150 S 5TH ST STE 1800 MINNEAPOLIS MN 55402-42146
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK: RED HOUSE RADIO
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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 76/511566
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH RESULTS
Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), the examining attorney encloses information regarding pending Application Serial No. 78/163955. 37 C.F.R. Section 2.83.
There may be a likelihood of confusion between the applicant's mark and the mark in the above noted application under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant's filing date. If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).
Action on this application will be suspended pending the disposition of the above-referenced application, upon receipt of the applicant's response resolving the following informalities.
INFORMALITIES
The applicant must respond to the following informalities.
Disclaimer
The applicant must insert a disclaimer of the following in the application. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i).
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use RADIO apart from the mark as shown.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Tracy Cross
/Tracy Cross/
Examining Attorney
Law Office 103
Phone: (703) 308-9103 ext. 224
Fax: (703) 746-8103
Email: ecom103@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.