UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/577848
APPLICANT: Thorn Custom Inlay
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*76577848* |
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CORRESPONDENT ADDRESS: MICHAEL G. BURNETT SUITER WEST PC LLO 14301 FNB PARKWAY, SUITE 220 OMAHA, NE 68154-5299
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: THORN
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CORRESPONDENT’S REFERENCE/DOCKET NO: THO 04-1-1
CORRESPONDENT EMAIL ADDRESS:
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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 76/577848
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.
SECTION 2(e)(4) OF ACT
The examining attorney refuses registration on the Principal Register because the mark is primarily merely a surname. Trademark Act Section 2(e)(4), 15 U.S.C. §1052(e)(4); TMEP §1211. The examining attorney must consider the primary significance of the mark to the purchasing public to determine whether a term is primarily merely a surname. In re Kahan & Weisz Jewelry Mfg. Corp., 508 F.2d 831, 184 USPQ 421 (C.C.P.A. 1975). Applicant’s president as signatory-declarant bears prominently the Thorn surname TMEP §§1211 et seq. In the absence of a Sec.2(f)secondary meaning claim per Rule of Practice 2.41,see Sec.23 of Act and the Supplemental Register as a remedy.
ENTITY
Indicate applicant’s legal entity status,i.e.,whether it is a California corporation,or whether it is a sole proprietorship . If a sole prprietorship,amend the heading of the formal application to reflect,”Ronald W.Thorn,Canadian citizen,d.b.a.,Thorn Custom Inlay.
DRAWING – Enter the following required averment into this formal application,i.e.,”The mark is presented in standard character format without any claim to any particular font style,size or color”.
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.
/G.T.GLYNN/
Trademark Examining Attorney-Law Office 106
703-3089106x260
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.