UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/597065
APPLICANT: eBargains, Inc.
|
|
|
CORRESPONDENT ADDRESS: NATIONAL IP RIGHTS CENTER, LLC |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
|
MARK: EBARGAINS.COM
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 10909-3
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.
|
Serial Number 76/597065
NOTICE OF SUSPENSION
On October 26, 2005, a petition to revive the application along with a response to the initial Office action was received. On December 16, 2006, a petition to revive this application was granted. After reviewing the documents the examining attorney has determined the following.
SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below. No response is needed. 37 C.F.R. §2.67. However, the examining attorney will conduct periodic status checks and may issue inquiries at 6-month intervals from the mailing date of this notice. TMEP §716.05. If a status inquiry Office action issues, applicant will have 6 months from the mailing or e-mailing date of the status inquiry to respond. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.
MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 78-314735 and 78-326415
Since the applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application in a refusal to register under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d). See 37 C.F.R. §2.83; TMEP §§1208 et seq. A copy of information relevant to this pending application(s) was sent previously.
The applicant may submit a request to remove the application from suspension to present arguments related to the potential conflict between the relevant application(s) or other arguments related to the ground for suspension. TMEP §716.03. The applicant's election not to present arguments during suspension will not affect the applicant's right to present arguments later should a refusal in fact issue. If a refusal does issue, the applicant will be afforded 6 months from the mailing or e-mailing date of the Office action to submit a response. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.
1) Requirement for New Drawing: Although the applicant submitted a proposed amended drawing with the October 26, 2005 response, the amended drawing is unacceptable because a portion of the coin element in the design was cut off. Accordingly, the applicant must submit a new drawing without background noise, and with a complete representation of the wording and design elements.
The requirements for a special-form drawing are as follows:
37 C.F.R. §§2.52(b); TMEP §§807.04 et seq.
If submitted on paper, the Office prefers that the drawing be depicted on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm. wide and 27.9 to 29.7 cm. long). One of the shorter sides of the sheet should be regarded as its top edge. In addition, the drawing should include the caption “DRAWING PAGE” at the top of the drawing beginning one-inch (2.5 cm) from the top edge. 37 C.F.R. §2.54; TMEP §§807.06 et seq.
The Office strictly enforces these drawing requirements.
To submit a special form drawing electronically, applicant must attach a digitized image of the mark to the submission. The digitized image must be in .jpg format, formatted at no less than 300 dots per inch and no more than 350 dots per inch. The Office recommends that the digitized image of the mark have a length and width of no smaller than 250 pixels and no larger than 944 pixels. 37 C.F.R. §2.53(c); TMEP §807.05(c). All lines in the image must be clean, sharp and solid, and not fine or crowded, and produce a high quality image when copied.
Accordingly, the requirement for a proper drawing is Maintained & Continued.
2) Description of the Proposed Mark Not Submitted: The required description of the proposed mark was not submitted. Therefore, the applicant must submit a concise description of the mark. 37 C.F.R. §2.37; TMEP §§808 et seq. The following is suggested: “The mark consists, in part, of a stylized hand flipping a coin.”
Accordingly, the requirement for a description of the proposed mark, in part, is Maintained & Continued.
3) Disclaimer is Incomplete: Although the applicant submitted a disclaimer of the term “EBARGAINS,” the disclaimer must be of the entire unitary literal portion of the mark, including the upper level domain name “.COM.” TMEP 1215.07. Also, as noted in the original Office action, the computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP section 1213.08(a)(i). Thus the disclaimer should read as follows:
No claim is made to the exclusive right to use "EBARGAINS.COM" apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
Accordingly, the requirement for a proper disclaimer is Maintained & Continued.
If the applicant has any questions or needs assistance with the present application, please telephone the assigned examining attorney.
/Jeffery C. Coward/
Trademark Examining Attorney
Law Office 106
Phone: (571) 272-9148
Fax: (571) 273-9106