UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/552208
APPLICANT: UbiStor, Inc.
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CORRESPONDENT ADDRESS: JEFFREY S. WILSON WILSON & ASSOCIATES 1821 WALDEN OFFICE SQ., SUITE 400 SCHAUMBURG IL 60173
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: UBISTOR SAFESTOR
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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 76/552208
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Result
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Applicant must clarify the identification of services by specifying the nature of the services.
The applicant may adopt the following identification, if accurate:
Computer programming for others, namely, programming software to be installed on customers’ servers for online backup and retrieval of their data, in international class 42.
TMEP §1402.01.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.
Applicant must insert a disclaimer of SAFE STORE in the application because the words are descriptive of the services. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i). Misspelled wording must appear in its correct spelling. See In re Omaha National Corp., 819 F.2d 1117, 2 USPQ2d 1859 (Fed. Cir. 1987); In re Newport Fastener Co. Inc., 5 USPQ2d 1064, 1067 n. 4 (TTAB 1987); TMEP §1213.08(c). The applicant appears to program computers for safe storing of data. SAFE refers to “secure from danger, harm, or evil.”[1] STORE refers to, inter alia, “to reserve or put away for future use.”[2]
The following is the accepted standard format for a disclaimer:
No claim is made to the exclusive right to use “SAFE STORE” apart from the mark as shown.
/Alex S. Keam/
Attorney
Law Office 114
Phone: (703) 308-9114 ext. 140
Fax for Responses: (703) 746-8114
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.
[1]The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.
[2]The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.