UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/600706
APPLICANT: Dream Dinners, 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: DREAM DINNERS LIFE ...JUST GOT EASIER ! ETC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: 016279.03500
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 76/600706
This letter responds to the applicant’s August 16, 2005 communication with this Office. Following consideration of the submission, the examining attorney concludes as follows.
The applicant has amended its drawing from a color drawing to a black and white drawing.
The drawing showing the mark in black and white is unacceptable because the application claims color and fails to show the applied-for mark in color. 37 C.F.R. §2.52(b)(1). All applications for marks claiming color must include a drawing showing the mark in color. Applicant must therefore submit a new drawing that complies with one of the following:
(a) shows the mark in color, and retains the submitted color claim and description;
(b) shows the mark in black and white without color lining; and (b) a statement authorizing deletion of the color claim and description. 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 §§807.07(d) and 807.14 et seq.
If the applicant retains the black and white drawing, it must address the grey tones in the mark and clarify that the color gray is intended to indicate shading or contrast only. Applicant may do this by submitting a statement that “the mark is not in color.”
Please note, following applicant’s amendment to the drawing, the originally filed specimen is now acceptable. The substitute specimen is not acceptable however as no mention of the services is found on the specimen. Thus, the substitute will be disregarded.
The applicant has satisfied the remaining requirements from the first action.
John T. Lincoski /JTL/
Trademark Attorney
Law Office 113
(571)272-9436
HOW TO RESPOND TO THIS OFFICE ACTION:
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.