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  76/566635

This letter responds to the applicant’s communication of January 2005.

By a letter dated February 3, 2004––and again by amendment entered January 12, 2005––the applicant manifested its intent to seek registration of the mark in standard-character format without claim to any particular font style, size, or color.  37 C.F.R. §2.52(a).

However, because the otherwise-acceptable foreign registration does not contain a standard-character claim, the mark shown in the foreign registration is deemed to represent a special-form drawing. Therefore, the standard-character mark in the instant application does not match the mark in the foreign registration. If the applicant believes that the mark in the foreign registration is the legal equivalent of a standard character mark, the applicant should so state for the record. If the mark in the foreign registration is not the legal equivalent of a standard character mark, the applicant must amend the instant application to indicate

•           Responding to this Office Action.

To respond formally to this Office Action, the applicant’s attorney is strongly urged to utilize this Office’s Trademark Electronic Application System (TEAS) at http://eteas.gov.uspto.report/V2.0/oa242/.

(If the applicant’s attorney insists on delaying action on its formal response by using regular mail, he/she is advised that such correspondence must bear the serial number, law office (113), and examining attorney’s name on the upper right corner of each page.  He/she is further advised that  the Trademark Operation has relocated such that all Trademark-related paper mail––except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents––must be sent to: Commissioner for Trademarks • P.O. Box 1451 • Alexandria, VA 22313-1451, and the undersigned’s phone & fax number, respectively, are 571/272-9212 & 571/273-9212.  However, the applicant’s attorney would be best served by corresponding online.)

To check the status of an application at any time, the applicant’s attorney is strongly encouraged to visit the Office’s online Trademark Applications and Registrations Retrieval system at http://tarr.uspto.gov.  For general and other useful information about trademarks, the applicant’s attorney may visit the Office’s official Web site at http://www.gov.uspto.report/main/trademarks.htm.

To respond informally to this Office Action, or for inquiries or questions about this Office Action, the applicant’s attorney should contact the assigned Examining Attorney via this e-mail address: 

brendan.regan@uspto.gov

/J. Brendan Regan/

Examining Attorney

NOTICE:  FEE CHANGE   

Effective January 31, 2005, and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

·         $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

• $375 per international class if filed on paper.

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class––whereas if such payments are submitted with a paper response, the fee will be $375 per class.  The new fee requirements will apply to any fees filed on or after January 31, 2005.