| To: | Calvert Group, Ltd. (ivy.duke@calvert.com) |
| Subject: | TRADEMARK APPLICATION NO. 76529946 - CALVERT GLOBAL DATABASE - N/A |
| Sent: | 4/6/04 10:41:06 PM |
| Sent As: | ECom105 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/529946
APPLICANT: Calvert Group, Ltd.
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CORRESPONDENT ADDRESS: IVY WAFFORD DUKE CALVERT GROUP, LTD., LEGAL DEPT. 4550 MONTGOMERY AVENUE SUITE 1000N BETHESDA MD 20814
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: CALVERT GLOBAL DATABASE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
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 76/529946. This letter responds to the applicant’s communication of February 19, 2004. The potential for likelihood of confusion with Ser. No. 78212526 is moot because this application has abandoned. The disclaimer and claim of ownership of prior registrations are acceptable. The following issue remains outstanding.
Action on this application is suspended pending the disposition of Application Serial No 76529224. The applicant's filing date is subsequent to the filing date of 76529224. The latter mark, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application was sent to the applicant with the Office action dated January 30, 2004.
The applicant has indicated that it has a legal relationship with the owner of this cited mark, but the applicant has not indicated the nature of the legal relationship. If either of the applicants owns all or substantially all of the other entity, and the applicants constitute a single source although they are separate legal entities, the nature of the relationship may overcome the Section 2(d) refusal. In re Wella A.G., 8 USPQ2d 1365 (Fed. Cir. 1988).
/Leigh Caroline Case/
Trademark Attorney
Office fax: (703) 872-9875
Office phone: (703) 308-9105 x 148