To: | Information Resources, Inc. (robin.bergman@infores.com) |
Subject: | TRADEMARK APPLICATION NO. 76586316 - QSCAN - N/A |
Sent: | 10/11/2004 3:25:34 PM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/586316
APPLICANT: Information Resources, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: QSCAN
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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.
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Serial Number 76/586316
This letter responds to the applicant’s correspondence filed on September 16, 2004. The applicant’s response was inadequate for two reasons. First, the applicant’s response did not contain any answers to the requirements set forth in the examining attorney’s office action. Second, the response was signed by Clare Hallan, Corporate Paralegal. Ms. Hallan does not have authority to bind the corporation. A response to an office action must be signed by a person who has authority to bind the corporation. TMEP Section 712 et seq.
In the first office action the examining attorney required that the applicant select a basis for the application because the applicant cannot assert both Section 1(a) and Section 1(b). The applicant has fulfilled the requirements for both basis. The applicant must select one basis on which to proceed.
This requirement is maintained and made FINAL.
The examining attorney required that the applicant delete the Section 2(f) claim based on five years use from the application because the mark appears to be inherently distinctive.
The requirement is maintained and made FINAL.
The examining attorney stated that the applicant could not base a Section 2(f) claim on a dead registration. The applicant has a Section 2(f) claim in the application based on a dead registration. The applicant needs to delete the claim from the application.
The requirement is maintained and made FINAL.
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.
To reach the undersigned attorney by telephone after October 26, 2004, please call (571) 272 - 9381. Thank you.
If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); 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) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/Dawn Feldman Lehker/
Trademark Examining Attorney
United States Patent and Trademark Office
(703)308-9111 x132
f(703)308-8111
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.