UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/514811

 

            The assigned examining attorney has reviewed the referenced application and determined the following.

 

1.            Statutory Refusal: Likelihood of Confusion

 

            The examining attorney refuses registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because the applicant's mark, when used on or in connection with the identified goods, so resembles the marks in U.S. Registration Nos. 1251251, 1308210, 2041618, 1767579, 2449979 and 2150934 as to be likely to cause confusion, to cause mistake, or to deceive. Trademark Manual of Examining Procedure Section 1207, (3rd Edition January 2002).  See the enclosed registrations.

 

            The examining attorney must analyze each case in two steps to determine whether there is a likelihood of confusion.  First, the examining attorney must look at the marks themselves for similarities in appearance, sound, connotation and commercial impression.  In re E. I. DuPont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973).  Second, the examining attorney must compare the goods or services to determine if they are related or if the activities surrounding their marketing are such that confusion as to origin is likely.  In re August Storck KG, 218 USPQ 823 (TTAB 1983); In re International Telephone and Telegraph Corp., 197 USPQ 910 (TTAB 1978); Guardian Products Co., v. Scott Paper Co., 200 USPQ 738 (TTAB 1978).

 

            A.            The Marks are Similar

           

            Applicant’s mark is EUROPE'S BEST GOURMET DELIGHT LE PLAISIR DU GOURMET and design.

 

            The mark in U.S. Registration No. 1251251 is GOURMETS DELIGHT BY LORD HINDS.  This mark and the applicant’s mark are similar because they contain the similar wording  GOURMET DELIGHT and GOURMETS DELIGHT.

 

            The marks in co-owned U.S. Registration Nos. 1308210 and 2041618 are also GOURMET DELIGHT.  These marks and the applicant’s mark are similar because they contain the terms GOURMET DELIGHT.

 

            The mark in U.S. Registration No. 1767579 is GOURMET DELIGHT.  This mark and the applicant’s mark are similar because they contain the terms GOURMET DELIGHT.

 

            The mark in U.S. Registration No. 2449979 is EVERYDAY GOURMET DELIGHT.  DELIGHT.  This mark and the applicant’s mark are similar because they contain the terms GOURMET DELIGHT.

 

            The mark in U.S. Registration No. 2150934 is BEST OF EUROPE and design  This mark and the applicant’s mark are similar because they contain the terms that create the same commercial impression, namely, the best food of Europe.

 

            B.            The Goods are Related

 

            Applicant intends to sell “wares consisting of food products, namely fresh and frozen meats including beef, poultry, pork, lamb, veal and buffalo game, preserved meats, cooked meats, cured and pickled meats, meat pies, cooked, smoked and dried sausages and salamis, processed deli meats, processed sliced meats, smoked sausage links, sausage sticks, wieners, sausage clubs, jerky, burgers, meats used in the preparation of pizza pies, meat spreads, meat stews, luncheon meats, fresh fruits, canned fruits, fresh vegetables, canned vegetables, prepared salads, frozen prepared meals, pizza, snack food dips, candied fruit snacks, wheat-based snack foods, rice-based snack foods, fruit-based snack foods, cereal-based snack foods, snack mixes consisting primarily of crackers, pretzels, candied nuts and popped popcorn, snack mixes consisting primarily of processed fruits, processed nuts and/or raisins, milkshakes, mineral water, spring water, carbonated soft drinks, non-alcoholic fruit drinks, non-alcoholic malt coolers, fruit punch, whey based fruit beverages, pies, biscuits, breads namely sliced bread, hot-dog buns and hamburger buns, muffins, cookies, doughnuts, cakes, candies, chocolate confection, frozen confectionery, condiments namely mustard, ketchup and relish, mayonnaise, salsa, sauces namely cheese sauce, hot sauce, barbecue sauce, spaghetti sauce, apple sauce and tomato sauce, salad dressing, sandwiches, cheese and cheese products, edible oils, paper goods namely napkins, paper towels and hot dog sleeves, promotional items namely news letters, umbrellas, clothing namely shirts, t-shirts and hats.” As discussed below, this identification is indefinite and must be amended. 

            The owner of U.S. Registration No. 1251251 (GOURMETS DELIGHT BY LORD HINDS) sells egg rolls, often a frozen food good.  These goods are related because both applicant’s goods and this registrant’s goods are frozen foods.  See the applicant’s identification of goods.  Applicant could be perceived as the source of this registrant’s goods; this registrant could be perceived as the source of applicant’s goods.    

 

            The owner of U.S. Registrations Nos. 1308210 and 2041618 (GOURMET DELIGHT) sells “flavored dessert topping syrups and sauces,” “jams, jellies and fruit preserves” and “vinegars, mustards, salad dressing, confectionery, namely, toffee pretzels, chocolate coated pretzels and candied nuts, spices, nut brittle with candied popcorn and brittle, pralines, candy, cookies, chocolate.” These goods are related because both applicant’s goods and this registrant’s goods  include fruit based goods, sauces and dressings.   See the applicant’s identification of goods.   Applicant could be perceived as the source of this registrant’s goods; this registrant could be perceived as the source of applicant’s goods.

 

            The owner of U.S. Registration No. 1767579 (GOURMET DELIGHT) sells  “fresh potatoes.” These goods are related because both applicant’s goods and this registrant’s goods  include vegetables.  See the applicant’s identification of goods.   Applicant could be perceived as the source of this registrant’s goods; this registrant could be perceived as the source of applicant’s goods.

 

            The owner of U.S. Registration No. 2449979 (EVERYDAY GOURMET DELIGHT) sells  “pasta.” These goods are related because both applicant’s goods and this registrant’s goods  include pasta.   See the applicant’s identification of goods.  Applicant could be perceived as the source of this registrant’s goods; this registrant could be perceived as the source of applicant’s goods

 

            The owner of U.S. Registration No. 2150934 (BEST OF EUROPE and design) sells  “frozen pastries.” These goods are related because both applicant’s goods and this registrant’s goods  include baked goods and dessert style items and snacks.  See the applicant’s identification of goods.  Applicant could be perceived as the source of this registrant’s goods; this registrant could be perceived as the source of applicant’s goods

 

            C.            Consumer Confusion is Likely

 

            The marks are similar and the goods are related.  The examining attorney concludes that consumers encountering applicant's mark and the cited mark in the marketplace are likely to believe mistakenly that the goods derive from a common source.  Registration must be refused under Section 2(d) of the Trademark Act. 

 

2.         Prior Pending Application.

 

            The examining attorney also encloses information regarding pending Application Serial No. 78187556.  The filing date of the referenced application precedes the applicant's filing date.  There may be a likelihood of confusion between the marks under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  If the referenced application matured into a registration, the examining attorney may refuse registration in this case under Section 2(d).  37 C.F.R. Section 2.83; Trademark Manual of Examining Procedure Section 1208.01, (3rd Edition January 2002).

 

            If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to the issue in a request to remove the application from suspension.  The election to file or not to file such a request at this time in no way limits the applicant's right to address this issue at a later point.

 

            Nevertheless, the applicant must respond to refusal listed above, the following additional refusal, and the listed informalities.

 

3.         2(e)(3) - Geographically Deceptively Misdescriptive Refusal

 

            At present, registration is also refused because the proposed mark consists of or comprises geographically deceptively misdescriptive matter in relation to the identified goods.  Trademark Act Section 2(e)(3), 15 U.S.C. §1052(e)(3); In re Les Halles De Paris J.V., 334 F.3d 1371, 67 USPQ2d 1539 (Fed. Cir. 2003); In re California Innovations Inc., 329 F.3d 1334, 66 USPQ2d 1853 (Fed. Cir. 2003); See In re Budge Mfg. Co., 857 F.2d 773, 8 USPQ2d 1259 (Fed. Cir. 1988); In re Perry Mfg. Co., 12 USPQ2d 1751 (TTAB 1989); In re Shapely, Inc., 231 USPQ 72 (TTAB 1986). 

 

            The primary significance of the term “Europe” is geographic.  The public is likely to believe that applicant’s goods come from Europe, because Europe is known for foods and clothing but the applicant does not appear to have any connection with Europe.  Furthermore, this belief would materially influence consumers to purchase the goods because consumers could reasonably believe that the goods are of high quality.  See In re House of Windsor, Inc., 221 USPQ 53 (TTAB 1983), recon. denied, 223 USPQ 191 (TTAB 1984).

 

            A mark is geographically deceptively misdescriptive if: the mark contains a geographic term and the goods or services for which applicant seeks registration neither have their origin in nor have any other connection with that geographic location; and (1) purchasers are likely to believe, erroneously, that the goods or services in question originate in or are somehow connected with the geographic place named in the mark; and (2) that erroneous belief as to geographic origin would materially affect the purchaser’s decision to buy the goods or services in question.  In re Les Halles De Paris J.V., 334 F.3d 1371, 1373, 67 USPQ2d 1539, 1541 (Fed. Cir. 2003); In re California Innovations Inc., 329 F.3d 1334, 1341, 66 USPQ2d 1853, 1859 (Fed. Cir. 2003); See In re Perry Mfg. Co., 12 USPQ2d 1751 (TTAB 1989).  

 

            The applicant must indicate specifically for each item identified whether the goods will be manufactured or produced in, or will have any other connection with, the geographic location named in the mark.  37 C.F.R. §2.61(b); TMEP §1210.03.  If the primary significance of a term in a mark is to indicate a geographic location which is neither obscure nor remote and applicant’s goods are manufactured or produced in the location indicated, then the public is likely to believe that the geographic term identifies the place from which the goods originate.  See In re Nantucket Allserve, Inc., 28 USPQ2d 1144 (TTAB 1993).

 

4.            Disclaimer of Descriptive Wording.

 

            Trademark Act Section 6(a), 15 U.S.C. Section 1056(a), states that the Commissioner may require the applicant to disclaim an unregistrable component of a mark.  Trademark Act Section 2(e), 15 U.S.C. Section 1052(e), bars the registration of a mark which is merely descriptive or deceptively misdescriptive, or primarily geographically descriptive of the goods. Therefore, the Commissioner may require the disclaimer of a portion of a mark which, when used in connection with the goods or services, is merely descriptive or deceptively misdescriptive, or primarily geographically descriptive.  If an applicant does not comply with a disclaimer requirement, the examining attorney may refuse registration of the entire mark.  TMEP section 1213.01(b).

 

            EUROPE is defined as follows:

 

Eu·rope

 
Eu·rope (y¢r¹ep)

Abbr. Eur.

The sixth-largest continent, extending west from the Dardanelles, Black Sea, and Ural Mountains. It is technically a vast peninsula of the Eurasian land mass.[1]

 

            If the goods do in fact have a connection with EUROPE then the applicant must disclaim that term.

 

            BEST is a laudatory term.  Laudatory terms, those which attribute quality or excellence to goods or services, are equivalent to other descriptive terms under Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1). That is, laudatory terms are nondistinctive and unregistrable without proof of acquired distinctiveness.  Exquisite Form Industries, Inc. v. Exquisite Fabrics of London, 378 F. Supp. 403, 183 USPQ 666 (S.D.N.Y. 1974) (EXQUISITE); In re Ervin, 1 USPQ2d 1665 (TTAB 1986) (THE ORIGINAL); In re Inter‑State Oil Co., 219 USPQ 1229 (TTAB 1983) (PREFERRED); In re Royal Viking Line A/S, 216 USPQ 795 (TTAB 1982) (WORLD CLASS); In re Wileswood, Inc., 201 USPQ 400 (TTAB 1978) (AMERICA'S BEST POPCORN! and AMERICA'S FAVORITE POPCORN!).

 

            GOURMET is defined as follows:

 

gour·met

 
gour·met (g¢r-mâ¹, g¢r¹mâ´) noun

A connoisseur of fine food and drink.

 

noun, attributive

Often used to modify another noun: gourmet cooking; gourmet restaurants.[2]

 

The wording GOURMET in this instance is merely descriptive of the type of food the applicant sells, namely, gourmet food. 

 

The applicant must insert a disclaimer of EUROPE’S BEST GOURMET in the application.  Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP section 1208.

 

            The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer.   TMEP section 1213.08(a)(i).  A properly worded disclaimer should read as follows:

 

            No claim is made to the exclusive right to use EUROPE’S BEST GOURMET apart from the mark as shown.

 

            See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).

 

            Please note that unless the goods have some connection with Europe, the refusal under Trademark Act Section 2(e)(3), 15 U.S.C. §1052(e)(3), despite a disclaimer of EUROPE.

 

5.            Identification and Classification  of Goods.

 

            Applicant’s goods are classified in several international classes, as indicated in the suggested identification below.  Proper identification and classification is required. See instructions for combined applications below. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).

 

            Food products, namely meats, processed vegetables, processed fruits and preserved meats and meat products[specify the goods], cooked, smoked and dried sausages and salamis[29]; meat spreads[29]; meat stews[29]; snack foods dips[29]; candied fruit snacks[29]; wheat-based snack foods[30]; rice-based snack foods[30]; fruit-based snack foods[29]; cereal-based snack foods[30]; snack mix consisting primarily of crackers, pretzels, candied nuts and/or popped popcorn[30]; snack mix consisting primarily of processed fruits, processed nuts and/or raisins[29]; milkshakes[30]; mineral water[32]; spring water[32]; carbonated soft drinks[32]; non-alcoholic carbonated beverages, namely,[specify, classification depends on the goods identified]; fruit juices[32]; non-alcoholic fruit drinks[32]; non-alcoholic malt coolers[32]; fruit punch[32]; whey based fruit drinks[32]; prepared meals, namely,[specify e.g., meals consisting primarily of meat, fish, poultry or vegetables (indicate whether frozen, prepared or packaged)][29] or prepared meals consisting primarily of pasta or rice (indicate frozen, prepared or packaged)][30];processed fruits[29]; unprocessed fruits[31]; processed vegetables[29]; unprocessed vegetables[31]; pies[30]; biscuits[30]; bread[30]; buns[30]; muffins[30]; cookies[30]; doughnuts[30]; cakes[30]; candy[30]; chocolate confection, namely, specify the goods[30]; frozen confections[30]; luncheon meat[29]; meat pies[30]; mustard[30]; ketchup[30]; relish[30]; mayonnaise[30]; salsa[30]; cheese sauce[30]; hot sauce[30]; barbecue sauce[30]; spaghetti sauce[30]; applesauce[29]; tomato sauce[30]; salads except macaroni, rice, and pasta salad[29]; salad dressing[30]; pizza[30]; sandwiches[30]; cured and pickled meats[29]; fresh meats[29]; sausages, processed deli meats, smoked sausage links, and sausage sticks[29]; wieners, namely, specify the goods, e.g., hot dog meat[29]; sausage club sandwiches[30]; jerky[29]; hamburger meat and processed sliced meats[29]; food products, namely beef, poultry, pork, lamb, veal, buffalo, game and seafood[29]; cooked meats for making pizzas,  namely, [specify type, e.g., ham, turkey, lamb, veal][29]; umbrellas[18]; newsletters (indicate subject matter) [16]; non-meat food products, namely cheese and edible oils[29]; paper goods, namely napkins and hot dog sleeves[16]; clothing, namely shirts, hats and T-shirts[25].

 

            Trademark Manual of Examining Procedure Section 1402, (3rd Edition January 2002).

 

            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. Section 2.71(a); Trademark Manual of Examining Procedure Section 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. 

 

            For additional information regarding acceptable identifications, the Trademark Manual of Acceptable Identifications and Classifications for Goods and Services is accessible on the World Wide Web at http://atlas.gov.uspto.report/netahtml/tidm.html.

 

            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 specifically identify the services in each class and list the goods by international class with the classes listed in ascending numerical order.  Trademark Manual of Examining Procedure Section 1403.01, (3rd Edition January 2002).

 

(2)  The applicant must submit a filing fee for each international class of goods not covered by the fee already paid.  37 C.F.R. Sections 2.6(a)(1) and 2.86(b); Trademark Manual of Examining Procedure Section 810.01 and 1403.01, (3rd Edition January 2002). Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

(3)  The applicant must submit: 

 

(a) dates of first use and first use in commerce and one specimen for each class that includes goods based on use in commerce under Trademark Act Section 1(a).  The dates of use must be at least as early as the filing date of this application.  37 C.F.R. Sections 2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or

 

(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods specified in each class that includes services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b).

 

(4)  The applicant must submit an affidavit or a declaration under 37 C.F.R.  Section 2.20 signed by the applicant to verify (3) above.  37 C.F.R. Sections 2.59(a) and 2.71(c).

 

6.         Translation Required.

 

The applicant will submit a translation of the non-English wording in the mark.  37 C.F.R. Section 2.61(b); Trademark Manual of Examining Procedure Section 809, (3rd Edition January 2002).  The translation shall read as follows:  The English translation of __________________ is ___________.

 

7.              Drawing Contains the Color Gray.

 

            The drawing contains gray tones without any claim as to color.  It will also not reproduce satisfactorily.  Please note that the Office now accepts drawings that contain the color gray, or stippling that produces gray tones, as discussed below.  Drawings with gray tones are processed like any other color drawing.  If the drawing contains the color gray, or stippling that produces gray tones, and the record is unclear as to whether applicant is claiming color, as is the case here, the applicant must clarify the ambiguity.   In addition, the drawing is not acceptable under the old rules.

 

Regardless of whether the applicant is claiming color or not, the applicant must submit a new Special Form Drawing following 37 C.F.R. §§2.52(b); See TMEP §§807.01(b) and 807.07(a), as described below:

 

The requirements for a special-form drawing are as follows:

 

·        The drawing must appear in black and white if color is not claimed as a feature of the mark, or in color if color is claimed as a feature of the mark.

 

·        Drawings must be typed or made with a pen or by a process that will provide high definition when copied.  A photolithographic, printer’s proof copy, or other high quality reproduction of the mark may be used.  All lines must be clean, sharp and solid, and must not be fine or crowded.

 

·        The image must be no larger than 3.15 inches (8 cm) high by 3.15 inches (8cm) wide.

 

·        If reduction of the mark to the required size renders any details illegible, then applicant may insert a statement in the application to describe the mark and these details.

 

37 C.F.R. §§2.52(b); See TMEP §§807.01(b) and 807.07(a).

 

If submitted on paper, the Office prefers that the drawing be depicted on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm. wide and 27.9 to 29.7 cm. long).  One of the shorter sides of the sheet should be regarded as its top edge. In addition, the drawing should include the caption “DRAWING PAGE” at the top of the drawing beginning one-inch (2.5 cm) from the top edge.  37 C.F.R. §2.54.  The Office strictly enforces these drawing requirements.

 

If an applicant is filing a special form drawing electronically, the applicant must attach to the electronic submission a digitized image of the mark that meets the requirements of 37 C.F.R. §2.53(c).  That is, the image must be in .jpg format; scanned at no less than 300 dots per inch and no more than 350 dots per inch, with a length of no less than 250 pixels and no more than 944 pixels, and a width of no less than 250 pixels and no more than 944 pixels.  All lines must be clean, sharp and solid, must not be fine or crowded, and must produce a high quality image when copied.  37 C.F.R §2.53(c). 

 

Digitized images that are outside the stated pixel count will be accepted for filing, but must be corrected by the applicant prior to approval for publication.  Examining attorneys must review the pixel count as shown on the input field of the application data sheet.  If the pixel count is less than 250 pixels or more than 944 pixels in either direction, then the examining attorney must require that the applicant submit a new digitized image that complies with the pixel requirement.  This is also necessary for substitute drawings submitted via the TEAS response form.

 

            If the applicant is claiming the color gray, as previously stated above, the Office began accepting color drawings on November 2, 2003.  As of that date, the Office no longer accepts black and white drawings with a color claim, or drawings that possibly show color by use of some pattern, as is the case with this applicant’s drawing.  37 C.F.R. §2.52(b)(1).

 

            Color drawings must be accompanied by the following:  (1) a color claim naming the colors that are a feature of the mark; and (2) a separate statement describing where the color(s) appear on the mark.  A color drawing will not publish without both of these statements. 

 

A properly worded color claim would read as follows:

 

The color(s) <name the color(s)> are claimed as a distinctive feature of the mark.

 

A properly worded description would read as follows:

 

The color(s) <name the color(s)> appear in <specify portion of mark on which color(s) appear>.

 

If this is a color drawing, then in the applicant may supplement the required written description of the color contained in a mark with a reference to a commercial color identification system.  The Office does not endorse or recommend any one commercial color identification system.  The written description of the mark must include a generic description of the color, in addition to the reference to the commercial color identification system.

 

8.         Describe Mark.                       

 

            The applicant must submit a concise description of the mark.  37 C.F.R. Section 2.37; Trademark Manual of Examining Procedure Section 808 et seq., (3rd Edition January 2002).  The statement may be in the following form:

 

            The mark consists of ________________________ (please describe the mark.)

 

9.            Responding to this Office Action.

 

            No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.

 

            In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.

 

            If the applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned examining attorney.          

ADDITIONAL CUSTOMER INFORMATION

 

· NOTICE FOR APPLICANT’S FILING IN INTERNATIONAL CLASS 42

 

Effective January 1, 2002, the 8th edition of the Nice Agreement governing the classification of goods and services divided prior International Class 42 into four service mark classes.  Information about revised International Class 42 and new International Classes 43, 44, and 45 is available at www.gov.uspto.report/web/offices/tac/notices/notices.htm.

 

All applications filed on or after January 1, 2002, must comply with the new classification schedule.  For applications filed before January 1, 2002, the new classification schedule is optional.  Applicants opting to amend to the new schedule must advise the assigned Examining Attorney.

 

 · CHANGE OF CORRESPONDENCE ADDRESS

 

Applicants may now file changes of correspondence via a new form on TEAS.   Address changes may be performed  on up to 20 cases at a time.  The Trademark Office strongly encourages applicants to use this time-saving form, which is available online at: www.gov.uspto.report/web/trademarks/tmchangeaddress.htm.

 

· NEW ELECTRONIC RESPONSE TO OFFICE ACTION FORM

 

On April 30, 2002, the Trademark Operation posted an electronic Response to Office Action form on the TEAS (Trademark Electronic Application System) web site.  By using this new web-based TEAS form, customers can (1) respond to an Office Action based on an application or Statement of Use; or (2) pay an additional fee after a phone call from the Office, i.e., to enable an Examiner's  Amendment.  Upon receipt of the electronically-submitted response, the prosecution history will automatically be updated to show "TEAS Response to Office Action received."  To access this new form, visit <<http://eteas.gov.uspto.report/V2.0/oa200>>.  NOTE: This form cannot be used to respond to any actions from either the Intent-to-Use (ITU) or Post-Registration areas. Forms for that purpose will be available in the future.

 

· NEW ELECTRONIC PRELIMINARY AMENDMENT FORM

 

On April 30, 2002, the Trademark Operation posted an electronic Preliminary Amendment form on the TEAS (Trademark Electronic Application System) web site.  By using this new web-based TEAS form, customers can submit a Preliminary Amendment prior to examination.  Upon receipt of the electronically-submitted preliminary amendment, the prosecution history will automatically be updated to show "TEAS Preliminary Amendment received."  To access this new form, visit <<http://eteas.gov.uspto.report/V2.0/pa200>>.  NOTE: This form should ONLY be used if an already-filed application has not yet been examined by the Office.

 

 

 

/John D. Dalier/

Trademark Examing Attorney

Law Office 105

(703) 308-9105, ext. 131

FAX (703) 746-3021

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.

 

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

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.