UNITED STATES PATENT AND TRADEMARK OFFICE

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

Serial Number  76/591971

 

This letter responds to the applicant’s communication filed on June 9, 2005.

 

The applicant (1) amended the identification of goods; (2) argued against the new drawing requirement; (3) provided a transliteration of the wording in the mark; (4) and submitted a description of the mark, in part.  Nos. (1), (2), and (4) are acceptable.

 

Translation of Wording in the Mark

 

In response to the requirement that it submit a translation of the wording “LI PENG,” the applicant submitted the following transliteration:  “The terms ‘li’ and ‘peng’ are an English transliteration of ‘force’ and ‘a kind of big bird’ in Chinese, respectively.” 

 

An application to register a mark that includes non-English wording must include a statement translating the wording.  37 C.F.R. §2.32(a).  Similarly, an application for a mark that comprises non-Latin characters must include a statement transliterating the characters.  For this purpose, a transliteration is the phonetic spelling, in corresponding Latin characters, of the word(s) in the mark that are in non-Latin characters.  TMEP §809.  In this case, there are no non-Latin characters in the mark.  Thus, a “transliteration” is not appropriate.  If there is no English translation for the wording “LI PENG” or “LIPENG,” the applicant must affirmatively state that fact for the record.  If that is the case, the applicant may provide the following translation statement, if accurate:

 

The terms “LI” and “PENG” are the transliteration of the Chinese characters that mean “force” and “a kind of big bird,” respectively.  There is no English translation for either “LI PENG” or “LIPENG.”

 

For the foregoing reasons, the requirement that the applicant provide an English translation of the foreign wording appearing in the mark is maintained and made FINAL.

 

PLEASE NOTE:  This issue can be resolved by telephone.  The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

 

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 matters.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

If the applicant has any questions concerning this Office action, please telephone the assigned examining attorney.

 

 

 

/Barbara A. Gaynor/

Barbara A. Gaynor

Trademark Examining Attorney

Law Office 115

(571) 272-9164

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

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