UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/569740
APPLICANT: Old Dominion University
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*76569740* |
CORRESPONDENT ADDRESS: DAVID S. LIONBERGER CHRISTIAN & BARTON, L.L.P. 909 EAST MAIN STREET, SUITE 1200 RICHMOND, VIRGINIA 23219-3095
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: OLD DOMINION UNIVERSITY
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CORRESPONDENT’S REFERENCE/DOCKET NO: 14174-00009
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 76/569740
First Action
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH RESULTS
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
RECITATION OF SERVICES
The recitation of services is unacceptable as indefinite. The applicant may wish to consult the Acceptable Identification of Goods and Services Manual at www.uspto.gov for guidance.
The applicant must indicate what it means by “and level courses of instruction.” The applicant must indicate if the presentations are live. The applicant may adopt the following:
providing courses of instruction at the university and graduate level; entertainment services, namely, organizing and conducting collegiate athletic competitions; entertainment services, namely, live visual, literary and performing arts presentations; entertainment services, namely, providing motivational and educational speakers.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.
The applicant must insert a disclaimer of OLD DOMINION UNIVERSITY in the application because it is geographically descriptive of the services. The attached excerpt from www.infoplease.com shows OLD DOMINION is a nickname for VIRGINIA and the applicant is offering UNIVERSITY services. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i).
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use OLD DOMINION UNIVERSITY apart from the mark as shown.
DRAWING
The drawing is not acceptable because it is too larger than 3.15 inches high by 3.15 inches wide and also contains the “TM” symbol. The applicant must remove the “TM” symbol from the drawing and submit a drawing that conforms to the requirements set forth below.
The requirements for a special-form drawing are as follows:
· The drawing must appear in black and white if color is not claimed as a feature of the mark, or in color if color is claimed as a feature of the mark.
· Drawings must be typed or made with a pen or by a process that will provide high definition when copied. A photolithographic, printer’s proof copy, or other high quality reproduction of the mark may be used. All lines must be clean, sharp and solid, and must not be fine or crowded.
· The image must be no larger than 3.15 inches (8 cm) high by 3.15 inches (8cm) wide.
· If reduction of the mark to the required size renders any details illegible, then applicant may insert a statement in the application to describe the mark and these details.
37 C.F.R. §§2.52(b); See TMEP §§807.01(b) and 807.07(a).
If submitted on paper, the Office prefers that the drawing be depicted on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm. wide and 27.9 to 29.7 cm. long). One of the shorter sides of the sheet should be regarded as its top edge. In addition, the drawing should include the caption “DRAWING PAGE” at the top of the drawing beginning one-inch (2.5 cm) from the top edge. 37 C.F.R. §2.54.
The Office strictly enforces these drawing requirements.
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. 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, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
/Kim Saito/
Examining Attorney, Law Office 102
703-308-9102 ext. 130
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.