UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number  76/565321

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.   FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

OFFICE ACTION

 

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

 

PRIOR PENDING APPLICATIONS

 

Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), the examining attorney encloses information regarding pending Application Serial Nos. 75-852429 and 76-551154.  37 C.F.R. §2.83. 

 

There may be a likelihood of confusion between the applicant’s mark and the marks in the above noted applications under Section 2(d) of the Act.  The filing dates of the referenced applications precede the applicant’s filing date.  If either of the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).

 

If the applicant believes that there is no potential conflict between this application and the earlier-filed applications, the applicant may present arguments relevant to the issue.  The election to respond or not to respond at this time in no way limits the applicant's right to address this issue at a later point.

 

Action on this application will be suspended pending the disposition of Application Serial Nos. 75-852429 and 76-551154, upon receipt of the applicant's response resolving the following informality.

STANDARD CHARACTER DRAWING CLAIM

The applicant has submitted a typed drawing.  In the applicant’s preliminary amendment of February 3, 2004, the applicant requests a correction to the filing receipt to indicate that the applicant does not wish to register a stylized mark but a typed mark.  As of November 2, 2003, the Office accepts either standard character drawings or special form drawings.  All typed drawings submitted on or after November 2, 2003 are categorized as stylized marks until examination.  The examining attorney presumes that the applicant wishes to register a standard character drawing.  See Examination Guide 1-03 (IA7).  Therefore, the applicant must submit the following standard character claim:  “The mark is presented in standard characters without claim to any particular font style, size, or color.”  37 C.F.R. §2.52(a).

 

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

 

 

                                                         Jennifer Chicoski

Jennifer D. Chicoski

Trademark Examining Attorney

Law Office 115

703-308-9115 x117

703-872-9208 FAX

jennifer.chicoski@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.

 

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