Offc Action Outgoing

On May 11, 2005, action on this application was suspended pending the disposition of Application Serial Nos. 75652642 and 76499149. The referenced pending applications have abandoned and are no longer a bar to the registration of applicant’s mark.

The requirement for a standard character claim is now made FINAL for the reasons set forth below. TMEP §807.03(a); 37 C.F.R. §§2.52(a), §2.64(a).

STANDARD CHARACTER CLAIM REQUIRED

Applicant must submit the following standard character claim: “The mark consists of standard characters without claim to any particular font, style, size, or color.” See 37 C.F.R. §2.52(a); TMEP §807.03(a).

Please be advised that a standard character drawing submitted on paper must comply with the following requirements:

(1) Depict the mark typed or made with a pen in black print on a white background;

(2) Depict all letters and words in the mark in Latin characters, and all numerals in Roman or Arabic numerals;

(3) Depict the mark to include only common punctuation or diacritical marks, as shown on the Office’s standard character set at http://teas.gov.uspto.report/standardCharacterSet.html, which sets forth a list of all the acceptable standard characters;

(4) Depict the mark so as not to include a design element or stylization of lettering and/or numbers in the mark; and

(5) Include a standard character claim using the following format: “The mark consists of standard characters without claim to any particular font, style, size, or color.”

37 C.F.R. §§2.52(a), 2.54(d)-(e); see TMEP §§807.03(a)-(b), 807.06 et seq.

PROPER RESPONSE TO THIS FINAL ACTION

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 and filing date of the application, (3) the mailing date of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

If applicant does not respond within six months of the mailing date of this final Office action, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final Office action by:

(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.

/Charlotte K. Corwin/

Charlotte Klein Corwin

Trademark Examining Attorney

Law Office 117

Charlotte.Corwin@USPTO.GOV

Phone - (571) 270-1532

Fax

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.