UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/582,880

 

The assigned Examining Attorney has reviewed the referenced application filed on March 23, 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.

 

 

Requirement for Clarification Regarding Applicant’s Mark

Because of the degree of stylization of the font used to depict the mark on the drawing page, Applicant must clarify whether a standard character drawing format or a special-form drawing format was intended.  If a standard character drawing was intended, Applicant must submit the following statement: 

 

The mark is presented in standard character format without claim to any particular font style, size, or color.

 

37 C.F.R. §2.52(a).  If a special-form drawing was intended, Applicant must state so for the record.  37 C.F.R. §2.52(b).

 

In a standard character drawing, the mark on the drawing consists of only words, letters or numbers, but does not include any designs or claims as to particular font style, size, or color.  A registration for a mark using a standard character drawing affords protection not only for the standard character version of the mark, but for any possible renderings of the mark, as long as those renderings do not contain any design elements; i.e., a registered standard character drawing of the mark gives protection for display on the specimens in any lettering style.  A special-form drawing, on the other hand, shows the mark in stylized letters and/or with a design element and provides protection for only that specific rendering.  37 C.F.R. §2.52; Exam Guide 01-03, section I; See TMEP §§807.06 et seq. and TMEP §807.07 et seq.

 

 

Requirement Regarding Significance of Wording

Applicant must specify whether “sync” or “synchronization” has any significance as applied to Applicant’s software.  37 C.F.R. §2.61(b).

 

 

The Trademark Manual of Examining Procedure (“TMEP”)

“TMEP” refers to the Trademark Manual of Examining Procedure (3rd ed., Rev. 2, May 2003), available on the United States Patent and Trademark Office website at www.gov.uspto.report/main/trademarks.htm.  This is a detailed guidebook written by the Office to explain the laws and procedures that govern the trademark application, registration and post registration processes.

 

 

Change in USPTO Trademark Contact Information

The USPTO Trademark Operations will be moving to the new Alexandria, Virginia campus in October and November 2004.  During that time, you are strongly encouraged to communicate with the USPTO through the Trademark Electronic Application System (TEAS), which can be found at www.uspto.gov <http://www.uspto.gov>.

 

Effective October 4, 2004, all Trademark-related paper mail must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

My Law Office will move on October 28, 2004.  To reach me by phone after that date, call 571-272-9299.  To submit a fax response to this Office action after October 28, 2004, send your response to the Law Office fax number, namely 571-273-9105.

 

 

Conclusion

No set form is required for response to this Office Action.  The Applicant must respond to each point raised.  The Applicant should simply set forth the required changes or statements and request that the Office enter them.  The Applicant must sign the response.

 

Applicant should include the following information on all correspondence with the Office:  (1) the name and law office number of the trademark examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.  37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

 

If the Applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned Examining Attorney.

 

/Michael E. Hall/

Michael E. Hall

Examining Attorney

Law Office 105

703-308-9105, ext. 137

703-872-9825 (fax)

 

How to respond to this Office Action:

 

You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail).  PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.

 

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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.