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  76/597736

 

Based upon further review, the applicant did not respond to the query about the lining shown in the drawing.  This issue must be addressed.  The examining attorney regrets any inconvenience to the applicant.

 

The deletion of Class 16 is made of record.  The potential refusals based on prior pending applications are withdrawn.   The Section 2(d) refusal is withdrawn.  The applicant did not respond to the query about the lining shown in the drawing.

 

The refusal based on the drawing is made FINAL.

Drawing Unacceptable – Lining No Longer Acceptable to Indicate Color

Based on the drawing and an examination of the specimens, the drawing appears to be lined for color.  Applicant must submit one of the following:

(1)   a new drawing showing the mark in color, with a statement that “the colors ____________ (fill in colors claimed) claimed as a feature of the mark,” and a separate description of where the color(s) appears in the mark, i.e., “the colors _____________ (fill in colors) appear in ________________ (specify portion of the mark on which colors appear);” or

(2)    a black and white drawing of the mark with all of the color lining deleted.

The Office no longer accepts black and white drawings with color lining.  37 C.F.R. §2.52(b)(1).  In the present case, color is not material to the commercial impression of the mark and therefore can be deleted from the drawing of the mark.  37 C.F.R. §2.72; TMEP §807.14(a).

This requirement is made final.

Required Response to a Final Refusal

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).

Contacting the Examining Attorney

The examining attorney can be contacting at the following telephone numbers and fax numbers:

 

Monday -  Friday:             571-272-9171

 

DIRECT FAX (not for formal responses):            571-273-9171

 

EMAIL ADDRESS:                 amy.hella@uspto.gov

 

NOTE TO APPLICANTS:  The examining attorney’s email address should be used for informal questions and comments ONLY.   See below for instructions on how to respond to this Office Action.

 

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

 

 

 

 

/Amy E. Hella/

Trademark Examining Attorney

Law Office 110

U.S. Patent & Trademark Office

571-272-9171

 

 

 

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.