UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/572698
APPLICANT: DLF INTERNATIONAL SEEDS, INC.
|
|
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
|
MARK: PACIFIC BLUE
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 5378/C569-10
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.
|
Serial Number 76/572698
The assigned trademark examining attorney has reviewed the referenced application filed on January 20, 2004, and has determined the following.
Search Results
Information is enclosed concerning pending Application Serial Nos. 76/569056 and 76/569059. Although the Office records have been searched and no similar registered mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), there may be a likelihood of confusion under Section 2(d) of the Act between applicant’s mark and the marks in the above noted applications. The filing dates of the referenced applications precede applicant’s filing date. If one or more of these earlier-filed applications registers, registration may be refused under Section 2(d). 37 C.F.R. §2.83.
Applicant must provide the following information to permit proper examination of the proposed mark. Specifically, applicant must indicate whether PACIFIC BLUE has ever been used as a varietal name and whether a plant patent exists under such name. The applicant must also identify the type of plant and seeds to which this mark will pertain. 37 C.F.R. §2.61(b); TMEP §1202.12.
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.
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.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. To reach the undersigned attorney by telephone after October 20, 2004, please call (571) 272 - 9458. Thank you.
/Eugenia K. Martin/
Eugenia K. Martin
Examining Attorney
Law Office 114
(703) 308-9114 x122
(703) 746-8114 (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.