Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

Serial Number   76/567127      

 

NOTICE OF SUSPENSION

 

This letter responds to the applicant’s communication filed on January 27, 2005.

 

The applicant (1) argued against the Section 2(d) refusal and the potential Section 2(d) refusal; (2) submitted a standard character drawing claim; and (3) claimed ownership of a prior U.S. Registration.  Nos. (2) and (3) are acceptable.  The refusal under Section 2(d) is continued.

 

Action on this application is suspended pending the disposition of:

 

                        - Application Serial No(s). 76/385866

 

Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application.  See 37 C.F.R. §2.83.  A copy of information relevant to this pending application(s) was sent previously.  The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension.  The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.

 

Further, action on this application is suspended until the Examining Attorney can determine whether the cited registration (Registration No. 2,156,990) will be canceled under §8.  37 C.F.R 2.67.  The examining attorney cannot withdraw a refusal of registration under §2(d) until the TRAM system shows that the registration has actually been cancelled or expired.  TMEP §716.02(e).  As of this date, Registration No. 2,156,990 is still a “live” registration.

 

If the applicant has any questions concerning this Office action, please telephone the assigned 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:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $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, and if such payments are made 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.

 

 

NOTICE:  TRADEMARK OPERATION RELOCATION

 

The Trademark Operation has relocated to Alexandria, Virginia.  Effective October 4, 2004, 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

 

Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

 

 

/Barbara A. Gaynor/

Barbara A. Gaynor

Trademark Examining Attorney

Law Office 115

(571) 272-9164