Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/563867

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Information is enclosed concerning pending Application Serial Nos. 78314016, 75632975, 75632976, 76439624, 75607961, and 75607962.  Although the Office records have been searched and no similar registered mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), there may be a likelihood of confusion under Section 2(d) of the Act between applicant’s mark and the marks in the above noted applications.  The filing dates of the referenced applications precede applicant’s filing date.  If one or more of these earlier-filed applications registers, registration may be refused under Section 2(d).  37 C.F.R. §2.83.

 

Upon receipt of applicant’s response resolving the following requirement, action on this application will be suspended pending the disposition of Application Serial Nos. 78314016, 75632975, 75632976, 76439624, 75607961, and 75607962.  37 C.F.R. §2.83(c); TMEP §§716.02(c) and 1208.02(c).

 

 

 

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 “ABSOLUT” needs translating for the record.  The following translation statement is suggested:  “The English translation of the word ABSOLUT in the mark is ABSOLUTE.”

 

For Applicant’s Information Only - Fee Increase

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

/Amy L. Alfieri/

Trademark Attorney

Law Office 113

phone: (703) 308-9113, ext. 462

fax: (703) 746-8113

ecom113@uspto.gov (formal responses)

 

 

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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.