Examiners Amendment

Trademark

ANDREAS STIHL AG & CO KG

Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/571335

 

    APPLICANT:         Andreas Stihl AG & Co KG

 

      

 

*76571335*         

 

    CORRESPONDENT ADDRESS:

MARY DALTON BARIL

MCGUIREWOODS LLP

ONE JAMES CENTER

901 EAST CARY STREET

RICHMOND, VIRGINIA 23219-4030

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

If no fees are enclosed, the address should include the words "Box Responses - No Fee."

    MARK:         

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   2007920-0587

 

    CORRESPONDENT EMAIL ADDRESS: 

 

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 email address.

 

 

Serial Number  76/571335

 

 

EXAMINER’S AMENDMENT

 

In accordance with the authorization granted by Mary Dalton Baril on April 6th, 2005, the application has been AMENDED as indicated below.  Please note that if the identification of goods or services has been amended below, any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  No response is necessary unless there is an objection to the amendment.  If there is an objection to the amendment, the applicant should notify the examining attorney immediately.

 

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.

 

Color Statement and Mark Description Statement

 

The following statements are hereby entered:

 

“The color(s) orange and gray are claimed as a feature of the mark;”

 

“THE MARK CONSISTS OF THE COLORS ORANGE AND GRAY AS APPLIED TO THE GOODS. THE COLOR ORANGE IS APPLIED TO THE TOP OF THE HOUSING OF THE GOODS AND THE COLOR GAY IS APPLIED TO THE BOTTOM OF THE HOUSING OF THE GOODS. THE DOTTED OUTLINE OF THE GOODS IS INTENDED TO SHOW THE POSITION OF THE MARK AND IS NOT A PART OF THE MARK.”

 

Statement Removed

 

The statement “THE DRAWING IS LINED FOR THE COLORS ORANGE AND GRAY” is hereby removed.

 

 

 

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.

 

 

/CHRISTOPHER S. ADKINS/

christopher.adkins@uspto.gov

Examining Attorney

Law Office 116

(571) 272-9121

 

 


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