UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/567797
APPLICANT: SOUTHEASTERN PENNSYLVANIA TRANSPORTATION ETC.
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*76567797* |
CORRESPONDENT ADDRESS: VINCENT J. WALSH, JR. SEPTA LEGAL DEPARTMENT 1234 MARKET STREET, 5TH FLOOR PHILADELPHIA, PENNSYLVANIA 19107-3780
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: SEPTA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/567797
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Drawing
Applicant must submit the following: (1) a statement that “the color(s) red, white and black are claimed as a feature of the mark;” and (2) a separate description of where the colors appear in the mark, i.e., “the color(s) red appears in the wording “SEPTA” and the stylized design of the letter “S” against a white background of the left facing wing design which is outlined in black.” 37 C.F.R. §2.52(b)(1). Common color names should be used to describe the colors in the mark, e.g., red, yellow, blue. Exam Guide 01-03, section I.B.1.
Applicant must submit a new drawing with “®” deleted because it is not part of the mark and because office records do not indicate a registration has issued for this mark. TMEP §§807.04 and 807.15.
Significance of Mark
Applicant must specify whether “SEPTA” has any significance in the public transportation trade or industry, any geographical significance, or any meaning in a foreign language. 37 C.F.R. §2.61(b).
Claim of Ownership
If applicant is the owner of U.S. Registration No. 0895715, then applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:
Applicant is the owner of U.S. Registration No. 0895715.
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.
Applicant may respond to this Office action using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>. When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces processing time and eliminates the possibility of data entry errors by the Office. Applicants are strongly encouraged to use TEAS to respond to Office actions. Applicants using TEAS should not submit a duplicate paper copy of the response.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Karen Bracey/
Examining Attorney
Law Office 116
703-306-7914
703-746-8116 (fax)
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.