UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number 76/524741

 

EXAMINER’S AMENDMENT

 

In accordance with the authorization granted by Mark Lebow on March 23, 2005, the application has been AMENDED as indicated below.  Please note that if the identification of goods or services has been amended below, any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  No response is necessary unless there is an objection to the amendment.  If there is an objection to the amendment, the applicant should notify the examining attorney immediately.

 

Identification of Goods and Recitation of Services (Classes 1, 5, 39 and 42 Only)

 

The identification of goods and services is amended to read in the following manner.  TMEP §1402.11.  All other wording set forth in applicant’s response submitted on February 11, 2005 is ACCEPTABLE: 

 

1. International Class 1:  “… aromatic hydrocarbons, and solvents and olefins for industrial and commercial and use; and olefins; …”.

 

2. International Class 5:  Deleted in its entirety. 

 

3. International Class 39:  “Rental of cars and trucks; public utility services in the nature of distribution, transmission and supply of electricity; …”. 

 

4. International Class 42:  “… engineering and surveying; petroleum, gas and electricity exploration services; petroleum, geological, geophysical and geochemical research and …”.

 

Color Description

 

The following statement describing color in the mark is added to the record:

 

The mark is comprised, in part, of three curve-shaped elements that, together, form an overall spherical shape.  The colors red, blue and orange appear in the mark in the following manner.  The word TOTAL is shown in the color red, as is the uppermost horizontal-like curved element of the design; the bottommost horizontal-like curved element of the design is shown in the color light blue; the inside-appearing portions of both of the previously aforementioned elements in the design are shown in the color orange; and the vertical-like curved element in the design is shown in a darker type of blue than that shown in the previously described element of the mark.

 

37 C.F.R. §2.52(b)(1); TMEP §807.09(c).

 

Resolved Issues: 

 

Finally, please note for the record the following:

 

• Applicant has provided the information required from the USPTO assignment records showing clear title in applicant to six of the cited registrations.  As discussed, this data is not cross-referenced to the individual registration records. 

 

• The refusal under Section 2(d) is WITHDRAWN in connection with U.S. Reg. Nos. 2343371, 2263851, 1421500, 958859, 975668, 975667, 952416, 954788, and 643482.  The Examining Attorney previously withdrew the Section 2(d) refusal issued in connection with U.S. Reg. Nos. 2495285, 2292517, 2131701, 1282044  and 1005489. 

 

• Applicant’s claim to color as a feature of the mark is ACCEPTABLE. 

 

NOTICE:  FEE CHANGE   

 

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.

 

If the applicant has any questions concerning this amendment, please telephone the assigned examining attorney.

 

/ELIZABETH J. WINTER/

Trademark Attorney-Advisor

USPTO, Law Office 113

(571) 272-9240

FAX Questions (571) 273-9240

FAX Responses (571) 273-9113