UNITED STATES PATENT AND TRADEMARK OFFICE

 

EXAMINER’S AMENDMENT/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.   

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.   This case will be given priority as an amended case if you respond to the requirements stated below within two months. 

 

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

 

Serial Number 76/517076

 

EXAMINER'S AMENDMENT

In accordance with the authorization granted by TMEP § 707.02, the application has been AMENDED as indicated below.  Please advise the undersigned if there is an objection to the amendment.   

 

Classification

 

In the preliminary review of this application, this Office classified the services incorrectly.  The proper class is International Class 35.  This Office will correct the application record to reflect the proper class number.  37 C.F.R. §2.85; TMEP §§1401.03(b) and 1402.11.

 

 

 

PRIORITY ACTION

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

Disclaimer Required

 

Because “key” is descriptive of the key return registration services, the applicant must insert a disclaimer of “key” in the application.  Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.03(a).  “Key” names a feature of the services.

 

A properly worded disclaimer should read as follows:

 

No claim is made to the exclusive right to use “KEY” apart from the mark as shown.

 

Telephone Calls

 

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

 

PLEASE NOTE:  All of the issues raised can be resolved by telephone.  The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

 

/Robert H. Coggins/

Attorney-Advisor

Law Office 115

U.S. Patent and Trademark Office

official response: ecom115@uspto.gov

703-308-9115 ext.111

 

 

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

 

Fee Increase Effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class.

 

A Final Rule amending the Rules of Practice in Trademark Cases to provide for this fee increase was published in the Federal Register on November 27, 2002 (67 Fed. Reg. 70,847 (2002)). http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2002/02-30086.htm.