UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/563867
APPLICANT: V&S Vin & Sprit Aktiebolag
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CORRESPONDENT ADDRESS: JOANNE LUDOVICI-LINT MCDERMOTT WILL EMERY 600 13TH ST NW STE 1200 WASHINGTON DC 20005-3096
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: ABSOLUT
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CORRESPONDENT’S REFERENCE/DOCKET NO: 25718-416
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 76/563867
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.