UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY ACTION

 

OFFICE SEARCH:  The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 704.02.   

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.   This case will be given priority as an amended case if you respond to the requirements stated below within two months. 

 

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

 

 

Serial Number 76/595263

 

EXAMINER'S AMENDMENT

 

In accordance with the authorization granted by Cristina Carvalho on January 19, 2005, the application has been AMENDED as indicated below.  If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  Please advise the undersigned if there is an objection to the amendment.   

 

 

AMENDED IDENTIFICATION OF GOODS

 

The identification of goods in International Class 12 is amended to read as follows: 

 

International Class 12:            Boats; motor boats; rowboats; sailboats; yachts; rafts; jet-boats; gliders; airplanes; spacecraft; helicopters; vehicle passenger cars; travel trailers; motorcycles; bicycles; motor bicycles; road vehicles; namely, automobiles, motorcycles and structural parts therefor; land vehicle parts, namely drive gear, shock absorbers; mirrors, namely, side mirrors, rear view mirrors of automobiles; wheels and tires; gasoline and diesel engines for land vehicles; seat belts for vehicles; hubcaps; fitted and semi-fitted seat covers; anti-theft alarms for vehicles; tricycles with motor engines; baby carriages.

 

The goods identified in International Classes 25 and 28 are acceptable.

 

 

MARK DOES NOT IDENTIFY A LIVING INDIVIDUAL

 

The applicant confirms the mark does not identify a living individual.

 

 

SIGNIFICANCE/TRANSLATION

 

The applicant confirms the mark does not have any significance or translation in reference to the goods.

 

 

DUAL FILING BASIS

 

The applicant maintains its dual filing basis at this time.

 

 

CLAIM OF OWNERSHIP

 

The applicant is the owner of U.S. Registration No. 2,764,671.  See attached.

 

 

PRIORITY ACTION

 

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

 

TRANSLATION OF FOREIGN REGISTRATION REQUIRED

 

The applicant must submit an English translation of the foreign registration signed by the translator.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(b).

 

 

CERTIFICATION OF REGISTRATION REQUIRED

 

An application under Trademark Act Section 44(e), 15 U.S.C. §1126(e), must include a copy of a foreign registration from the applicant’s country of origin.  The applicant’s country of origin must either be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  See TMEP §§1002.01 and 1004.

 

The application does not contain a full copy of the foreign registration, including the listing of goods or services.  Therefore, the applicant must submit a true copy, a photocopy, a certification, or a certified copy of the foreign registration.  If the foreign certificate of registration is not written in English, the applicant must provide an English translation.  The translator should sign the translation.  See TMEP §§1004.01 and 1004.01(b).

 

 

 

NOTICE:  FEE CHANGE   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

NOTICE:  TRADEMARK OPERATION RELOCATION

 

The Trademark Operation has relocated to Alexandria, Virginia.  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, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

 

/Bridgett Garrett Smith/

Law Office 115

Trademark Examining Attorney

United States Patent and Trademark Office

571 272-9482 phone

571 273-9482 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