UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/574856
APPLICANT: 200 Kelsey Associates, LLC
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CORRESPONDENT ADDRESS:
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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: RALLY AUTO PARTS
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CORRESPONDENT’S REFERENCE/DOCKET NO: KAL020UST
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.
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Serial Number 76/574856
OFFICE RECORDS SEARCH: The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
ADVISORY – AMENDMENTS TO GOODS/SERVICES: If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).
AMENDMENT(S) AUTHORIZED: As authorized by Jessica Rutherford on March 3, 2006, the application is amended as noted below. If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately. Otherwise, no response is necessary. TMEP §707.
Applicant deletes Classes 009 and 012 altogether. Applicant’s Request to Divide the application will be cancelled.
Recitation of Services
The recitation of services is amended to read as follows:
Class 035:
Retail store services in the field of automobile parts and equipment, car care products and tools for servicing and repairing vehicles and equipment; and distributorship services in the field of automobile parts and equipment, car care products and tools for servicing and repairing vehicles and equipment, all of the above excluding all terrain vehicle structural parts and accessories therefor.
The likelihood of confusion refusal under Section 2(d) of the Trademark Act based upon Registration Number 2947245 is withdrawn.
For your convenience, the Trademark Status Line (703) 305-8747 has been established for immediate case status inquiry. This service is available Monday through Friday from 6:30 a.m. until Midnight Eastern Time. Case status inquiry is also available through the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov.
/Tricia Sonneborn/
Trademark Examining Attorney
Law Office 110
phone (571) 272-9225
fax (571) 273-9110