To: | Societe Nouvelle Colibri Patisseries (znakcity@aol.com) |
Subject: | TRADEMARK APPLICATION NO. 76560952 - COLIBRI - SIM805T1 |
Sent: | 5/28/04 2:10:36 PM |
Sent As: | ECom116 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/560952
APPLICANT: Societe Nouvelle Colibri Patisseries
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*76560952* |
CORRESPONDENT ADDRESS: HORST KASPER 13 FOREST DRIVE WARREN, N.J. 07059
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: COLIBRI
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CORRESPONDENT’S REFERENCE/DOCKET NO: SIM805T1
CORRESPONDENT EMAIL ADDRESS: znakcity@aol.com |
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 76/560952
The assigned trademark examining attorney has reviewed the referenced application filed on November 17, 2003, and has determined the following.
Search Results
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.
Translation
Applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. §2.61(b); TMEP §809. In the present case, the wording “COLIBRI” needs translating for the record. The following translation statement is suggested: “The English translation of the word “COLIBRI” in the mark is “HUMMINGBIRD.”
Drawing
Because of the degree of stylization of the font used to depict the mark on the drawing page, applicant must clarify whether a standard character drawing format or a special-form drawing format was intended. If a standard character drawing was intended, then applicant must submit the following statement: “The mark is presented in standard character format without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a). If a special-form drawing was intended, then applicant must state so for the record. 37 C.F.R. §2.52(b).
In a standard character drawing, the mark on the drawing consists of only words, letters or numbers, but does not include any designs or claims as to particular font style, size, or color. A registration for a mark using a standard character drawing affords protection not only for the standard character version of the mark, but for any possible renderings of the mark, as long as those renderings do not contain any design elements; i.e., a registered standard character drawing of the mark gives protection for display on the specimens in any lettering style. A special-form drawing, on the other hand, shows the mark in stylized letters and/or with a design element and provides protection for only that specific rendering. 37 C.F.R. §2.52; Exam Guide 01-03, section I; See TMEP §§807.06 et seq. and TMEP §807.07 et seq.
Specimen
Applicant must submit (1) a specimen (i.e., an example of how applicant actually uses its mark in commerce for the goods listed in the application) showing the mark as it is used in commerce, and, (2) a statement that “the specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(a); TMEP §904.09.
A specimen showing use of the mark in commerce for the identified goods is required for an application based on use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a). This application does not include a specimen. TMEP §904.
Examples of acceptable specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §§904.04 et seq.
If the applicant cannot comply with the requirement for an acceptable specimen for the 1(a) basis asserted, the applicant may substitute a different basis for filing if the applicant can meet the requirements for the new basis. See TMEP §§806.03 et seq.
In this case, the applicant may wish to amend the application to assert a 1(b) basis.
The applicant must submit the following statement:
The applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application since the filing date of the application.
Trademark Act Section 1(b), 15 U.S.C. §1051(b). This statement must be verified with an affidavit or a declaration under 37 C.F.R. §2.20. Trademark Act Section 1(b), 15 U.S.C. §1051(b); 37 C.F.R. §2.34(a)(2)(i); TMEP §§806.01(b) and 804.02.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Linda M. King/
Trademark Attorney
Law Office 116
703-306-7907
Linda.King@uspto.gov
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.