UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/582747
APPLICANT: Progressive Beverages, Inc.
|
|
CORRESPONDENT ADDRESS: PAUL, HASTINGS, JANOFSKY & WALKER LLP |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
|
MARK: HAN
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/582747
The assigned trademark examining attorney has reviewed the referenced application filed on March 22, 2004, and has determined the following.
Search Results
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.
Identification of Goods
The wording “koalyangju” in the identification of goods needs clarification because it is unclear what this word means and it is even part of the English language or adopted into the English language. The applicant must describe these goods by its common commercial name. TMEP §1402.01.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
Applicant must specify whether “HAN” has any significance in the applicant’s trade or industry, any geographical significance, or any meaning in a foreign language. 37 C.F.R. §2.61(b).
If the wording is a name, the applicant must clarify whether the name in the mark identifies a particular living individual. If the name HAN shown in the mark identifies a particular living individual, then applicant must submit a signed, written consent from that individual, authorizing applicant to register the name. In addition, applicant must submit the following statement for the record:
Han identifies a particular living individual whose consent is of record.”
However, if the name does not identify a living individual, then applicant must submit the following statement for the record:
“Han does not identify a particular living individual.”
Trademark Act Section 2(c), 15 U.S.C. §1052(c); TMEP §§813 and 1206.
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 October 18, 2004. To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9116.
/LaVerne T. Thompson/
Trademark Attorney, Law Ofc. 116
571-272-9233
703-746-8116fax
How to respond to this Office Action:
You may respond using the Office's Trademark Electronic Application System (TEAS) (visit http://www.gov.uspto.report/teas/index.html and follow the instructions therein), but you must wait until at least 72 hours after receipt of the e-mailed office action. PLEASE NOTE: For those with applications filed pursuant to Section 66(a) of the Trademark Act, all responses to Office actions that include amendments to the identifications of goods and/or services must be filed on paper, using regular mail (or hand delivery) to submit such response. TEAS cannot be used under these circumstances. If the response does not include an amendment to the goods and/or services, then TEAS can be used to respond to the Office action.
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.