UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/578077
APPLICANT: The College of William and Mary
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: ANDREWS DEBY
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CORRESPONDENT’S REFERENCE/DOCKET NO: RUT-50-5761
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 76/578077
The assigned examining attorney has reviewed the referenced application and determined the following.
ENTITY
The applicant must indicate what type of entity is applying, for example, an individual, partnership, corporation or joint venture. 37 C.F.R. §2.32(a)(3); TMEP §803.03 et seq. If the applicant is an individual, the applicant must indicate his or her national citizenship for the record. 37 C.F.R. §2.32(a)(3)(i). If the applicant is a corporation or association, the applicant must set forth the state or nation under whose laws the applicant is organized. 37 C.F.R. §2.32(a)(3)(ii). If the applicant is a partnership, the applicant must set forth the state or nation under whose laws the partnership is organized, and the names and citizenship of the general partners. 37 C.F.R. §§2.32(a)(3)(ii) and (iii). TMEP §803.04.
DISCLAIMER
The applicant must insert a disclaimer of DEBY in the application. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i). The examining attorney attaches online evidence obtained from the search engine GOOGLE showing the descriptive nature of the term. The term refers to Delaware Bay oysters.
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use DEBY apart from the mark as shown.
SEARCH
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. Section 1052(d). TMEP section 1105.01.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
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.
My Law Office will move on 10/19/04. To reach me by phone after that date call (571) 272-9190.
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9103.
/Anne Madden/
Trademark Examining Attorney
Law Office 103
(703) 308-9103 ext 130
FAX (703) 746-8103
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.