UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/537414
APPLICANT: Tropical Music Export Enterprises, Inc.
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CORRESPONDENT ADDRESS: FRANK L. KUBLER 13261 S.W. 54TH COURT MIRAMAR, FLORIDA 33027
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: PALMER
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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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 76/537414
The assigned examining attorney has reviewed the referenced application and determined the following.
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. §1052(d). TMEP §704.02.
The examining attorney refuses registration on the Principal Register because the mark is primarily merely a surname. Trademark Act Section 2(e)(4), 15 U.S.C. Section 1052(e)(4); TMEP section 1211. The examining attorney must consider the primary significance of the mark to the purchasing public to determine whether a term is primarily merely a surname. In re Kahan & Weisz Jewelry Mfg. Corp., 508 F.2d 831, 184 USPQ 421 (CCPA 1975). Please see the attached evidence from Lexis/Nexis®, establishing the surname significance of the mark.
The application indicates use of the mark for a significant time. Therefore, the applicant may amend to seek registration under Trademark Act Section 2(f), 15 U.S.C. Section 1052(f), based on acquired distinctiveness. If the applicant chooses to do so by using the statutory suggestion of five years of use as proof of distinctiveness, the applicant should submit a claim of distinctiveness that reads as follows, if accurate.
The mark has become distinctive of the goods through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.
The applicant must provide this statement supported by an affidavit or a declaration under 37 C.F.R. Section 2.20. 37 C.F.R. Section 2.41(b); TMEP section 1212.05(d).
/Khanh M. Le/
Trademark Attorney
Law Office 113
(703) 308-9113 x127
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 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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
108B8C
Print Request: Selected Document(s): 1-10
Time of Request: March 05, 2004 05:48 PM EST
Number of Lines: 113
Job Number: 1862:0:7656094
Client ID/Project Name:
Research Information:
News, All (English, Full Text)
palmer
Send to: LE, KHANH
TRADEMARK LAW LIBRARY
2101 CRYSTAL PLAZA ARC
MAILBOX 314
ARLINGTON, VIRGINIA 22202-4600
1. Accounting, Organization and Society, April 2004 - May 2004, Vol. 29, No. 3-4, 13850 words, Interfaces of control. Technocratic and socio-ideological control in a global management consultancy firm, Mats Alvesson and Dan Karreman
... In: Clegg, S. and Palmer, G., et al., ...
2. Journal of Management, April, 2004, (Received: March 15, 2002; Revised: January 11, 2003; Accepted: January 16, 2003), Vol. 30, No. 2, 8902 words, The Effects of Cost and Asset Retrenchment on Firm Performance: The Overlooked Role of a Firm's Competitive Environment, J.L. Morrow, Jr.; Richard A. Johnson and Lowell W. Busenitz
... must make (Ketchen & Palmer, 1999). While restructuring ...
... Ketchen, D.J. Jr. and Palmer, T.B., 1999. Strategic ...
3. Journal of Business Research, April, 2004, Vol. 57, No. 4, 8487 words, Blueprinting the service company; Managing service processes efficiently, Sabine Fliess and Michael Kleinaltenkamp
... neglecting customer satisfaction (Palmer and Cole, 1995). In ...
... 66-75. 74. Palmer, A. and Cole, C., ...
4. Earth Island Journal, March 22, 2004, No. 1, Vol. 19; Pg. 13; ISSN: 1041-0406, 1740 words, International Marine Mammal Project; Earth Island in the news
... says. --Mark J. Palmer Captive Russian orca ...
5. Forbes, March 15, 2004, Pg. 82, 1280 words, Pills and Poker, Robert Langreth
... threat," says Gary Palmer, a Pfizer vice ...
6. In These Times, March 15, 2004, CULTURE; Pg. 24, 2016 words, Every Breath You Take, BY CRAIG AARON
... General A. Mitchell Palmer's doorstep. Neither the attacker nor his ...
... roundup of foreign radicals. The Palmer Raids -- named after the ...
... groups. Defending these excesses, Palmer said that when you're "trying to ...
... terrorist attacks. But the Palmer Raids established what Georgetown ...
... acts. Sound familiar? The Palmer Raids bear an ...
... John Ashcroft playing the Palmer role. As the attorney general ...
... dissidents and immigrants. And like Palmer and Hoover before them, there's every ...
... Ashcroft and A. Mitchell Palmer
DAVID COLE (90%); PALMER RAIDS (82%); JOHN ...
... 80%); A MITCHELL PALMER (74%);
7. People, March 15, 2004, PASSAGES; Pg. 131, 454 words, Passages, Olivia Abel
... company owner Jennifer Palmer sued Bad Boys ...
... 23 in L.A. Palmer alleges that the comedic actor ...
... says that an intoxicated Palmer attacked Lawrence and that the suit is " ...
L A PALMER (63%);
8. World Magazine, March 13, 2004, QUICK TAKES, 1139 words, Mailbag, The Editors
- Elsie P. Palmer, Wayne, N.J. If Joel ...
9. Newsweek, March 8, 2004 U.S. Edition, SPORTS; Pg. 38, 824 words, Out of Bounds, By Vanessa Juarez
... NBA ref, Violet Palmer is the only woman in ...
When Violet Palmer is wearing her daytime Nike ...
... up, she's all business. Palmer's curtain is a basketball ...
... 39-year-old Palmer is used to her contradictory world. ...
... seven seasons ago when Palmer, who grew up ...
... reviews (she's now with the WNBA). Palmer is the sole survivor. Palmer, who as a kid would ...
... much attention," says Palmer of the two seasons of high- ...
... a month, says Palmer, who's single and based ...
... get their start the way Palmer did--at the bottom. In ...
... ref in 1994, Palmer thought it was a ...
... it didn't mean Palmer would work regular-season ...
... three summers later, Palmer made "the show" in ...
... any better'," says Palmer. Her philosophy: "If I prove ...
... Go back to the WNBA." Palmer lets it dribble ...
... don't know me ," she says. Palmer just wants to be one of the ...
... used to ref alongside Palmer. "They don't have to circle the wagons ...
... technical foul. "We were right," Palmer's colleague Steve Javie says as he, Palmer and the third referee go ...
... can't trust them," says Palmer. "It's the one job that you ...
... a season. But Palmer's not hanging up her ...
10. The Sporting News, March 8, 2004, NFL; Pg. 52, 3856 words, American Football Conference team notes
... name QB Carson Palmer the starter sooner rather than ...
... take time for Palmer to develop chemistry with the line, backs and receivers. Palmer is a special player whose ...
... HALL (59%); CARSON PALMER (58%); CHRIS GAMBLE ( ...