UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/538313
APPLICANT: Georgetown University
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CORRESPONDENT ADDRESS: NANCY H. LUTZ PENNIE & EDMONDS LLP 1155 AVENUE OF THE AMERICAS NEW YORK, NY 10036
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: METODO DE DIAS FIJOS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 9328-055-999
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 76/538313
The assigned examining attorney has reviewed the referenced application and determined the following:
The examining attorney has searched the Trademark Office records and has found no similar registered or pending mark which would bar registration under Trademark Act §2(d), 15 U.S.C. §1052(d). TMEP §704.02.
ENTITY OF THE APPLICANT
The wording “Congressional-chartered [sic] corporation” as the type of entity is unacceptable because it is indefinite. The applicant may adopt one of the two the following entities, if accurate: “Congressionally chartered corporation of the United States,” or “Congressionally chartered corporation of the District of Columbia.”
The applicant must submit an English translation of the mark. 37 C.F.R. §2.61(b); TMEP §809.
It may appear in the following form:
The applicant must disclaim the descriptive word “METODO” apart from the mark as shown. Trademark Act §6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The word is merely descriptive because it refers to a procedure or way of doing something.
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP §1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use “METODO” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
This issue can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite processing of the application.
/Sue Carruthers/
Examining Attorney, Law Office 108
Phone: 703.671.9735
Fax: 703.746.8108 (formal responses only)
E-mail: ecom108@uspto.gov (formal responses only)
sue.carruthers@uspto.gov (informal communications)
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.