UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/600712
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! WW 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 76/600712
This letter responds to the applcant’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, if the applicant retains the color mark, it must correct its color claim and description to include black. As such, applicant would submit the following color claim and color description: (1) a statement that “the colors black, white and blue are claimed as a feature of the mark;” and (2) a separate description of where the colors appear in the mark, i.e., “the color black appears in the lettering, the plate is white with black lining and the background is blue.” 37 C.F.R. §2.52(b)(1); TMEP §807.07 et seq. Common color names should be used to describe the colors in the mark, e.g., red, yellow, blue. TMEP §807.07(a)(ii).
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.