UNITED STATES PATENT AND TRADEMARK OFFICE

REQUEST FOR RECONSIDERATION DENIED

ISSUE/MAILING DATE: 10/1/2007

Applicant is requesting reconsideration of a final refusal issued/mailed April 27, 2007.

After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue.

Accordingly, applicant’s request for reconsideration is denied.  The time for appeal runs from the date the final action was issued/mailed.  37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).  If applicant has already filed a timely notice of appeal, the application will be forwarded to the Trademark Trial and Appeal Board (TTAB).

The examining attorney attaches herein several prior registrations indicating various companies, especially large companies like the applicant’s offer the related services of telecommunications consulting and the services of the applicant, such as computer programming, computer consulting and related services.  Third-party registrations, by themselves, are entitled to little weight on the question of likelihood of confusion.  In re Melville Corp., 18 USPQ2d 1386, 1388 (TTAB 1991); In re Hub Distributing, Inc., 218 USPQ 284 (TTAB 1983).  Third-party registrations are not evidence of what happens in the marketplace or that the public is familiar with the use of those marks.  In re Comexa Ltda, 60 USPQ2d 1118 (TTAB 2001); National Aeronautics and Space Admin. v. Record Chem. Co., 185 USPQ 563 (TTAB 1975); TMEP §1207.01(d)(iii).  Further, existence on the register of other confusingly similar marks would not assist applicant in registering yet another mark which so resembles the cited registered mark that confusion is likely.  In re Total Quality Group Inc., 51 USPQ2d 1474 (TTAB 1999).

The examining attorney also attaches copies of the applicant’s services as presented in London’s Heathrow Airport.  The services as indicated, are considerably broad based and  encompass those of the registrant.   The services as advertised in London’s Heathrow airport are very broad and encompassing.  Moreover, the channel of trade of the services is also extremely broad and includes potential users from throughout the world.  Thus the applicant cannot seeks to have such broad and encompassing services which are related to those of the registrant, yet claim it’s services are limited.

/pbm/

Paula B. Mays

Trademark Attorney Advisor

USPTO

Law Office 106

571 272 9250

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 10/1/2007 FOR

APPLICATION SERIAL NO. 76573620

Please follow the instructions below to continue the prosecution of your application:

VIEW OFFICE ACTION: Click on this link http://portal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=76573620&doc_type=REC&mail_date=20071001 (or copy and paste this URL into the address field of your browser), or visit http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 10/1/2007.

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.