UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/572621
APPLICANT: Zamora, Pedro
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CORRESPONDENT ADDRESS: BLAKELY SOKOLOFF TAYLOR & ZAFMAN 12400 WILSHIRE BOULEVARD, SEVENTH FLOOR |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: EZ ROLLAWAY
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CORRESPONDENT’S REFERENCE/DOCKET NO: 006772.T001
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 e-mail address.
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Serial Number 76/572621
The assigned examining attorney has reviewed the referenced application and determined the following.
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.
Applicant must specify his or her national citizenship for the record. Trademark Act Section 1(a)(2), 15 U.S.C. §1051(a)(2); 37 C.F.R. §2.32(a)(3)(i); TMEP §803.04.
DISCLAIMER
The applicant must disclaim the descriptive wording "ROLLAWAY" apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.02(a). The dictionary defines “ROLLAWAY” as set on rollers or casters for easy moving and storing: a rollaway bed.[1] The wording is merely descriptive because it immediately describes a feature of the applicant’s identified goods, i.e., a shower chair set on rollers or casters.
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP section 1213.09(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use ROLLAWAY apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
Applicant must submit the following standard character claim: “The mark is presented in standard character format without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a).
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 use the Trademark Electronic Application System (TEAS), at www.uspto.gov whenever appropriate.
To reach the undersigned after October 18, 2004, please call (571) 272 - 9411. The fax number to use after this date is (571) 273 - 9411. Thank you.
/CGJ/
Charles G. Joyner, Jr,
Trademark Attorney
Law Office 112
(703) 308-9112 ext. 145
Fax: (703) 872-9151
Email: ecom112@uspto
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.
[1]The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.