| To: | Williams Foods, Inc. (bstanley@spencerfane.com) |
| Subject: | TRADEMARK APPLICATION NO. 76515082 - WILLIAMS - N/A |
| Sent: | 5/24/04 3:48:20 PM |
| Sent As: | ECom108 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/515082
APPLICANT: Williams Foods, Inc.
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CORRESPONDENT ADDRESS: BRYAN P. STANLEY SPENCER FANE BRITT & BROWNE LLP 1000 WALNUT STREET, SUITE 1400 KANSAS CITY, MO 64106-2140
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: WILLIAMS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: bstanley@spencerfane.com |
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 76/515082
The applicant’s response to the first Office action was filed on April 27, 2004. The examining attorney has reviewed the applicant’s amendments in favor of registration. The amended identification of goods has been accepted and entered into the record. Further, the application has been amended to seek registration under Trademark Act Section 2(f), 15 U.S.C. Section 1052(f), based on acquired distinctiveness.
The applicant is advised that abandonment may result when the applicant’s response, although received within the response period, is incomplete. The applicant must respond completely to each issue raised in the examining attorney’s Office action to avoid abandonment. 37 C.F.R. §2.65(a). When an applicant files an incomplete response (i.e., does not address one or more of the requirements or refusals made in the Office action), the examining attorney has the discretion to continue action on the application or to hold it abandoned for failure to respond completely. See TMEP section 718.03(b).
In the first Office action, the examining attorney issued a likelihood of confusion refusal. In its response to the first Office action, the applicant has failed to address said refusal whatsoever. The applicant’s response is, therefore, incomplete.
In lieu of abandoning the application, the examining attorney hereby grants the applicant thirty (30) days to submit an acceptable (complete) response.
If the applicant has any questions, please telephone the undersigned examining attorney.
Sonya B. Stephens
/Sonya B. Stephens/
Trademark Attorney
Law Office 108
(703) 308-9108 ext. 227 (phone)
(703) 746-8108 (fax)
fax no. for official responses only
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.