Offc Action Outgoing

FREEZ -EEZ

Nelson, David

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/603116

APPLICANT: Nelson, David

*76603116*

CORRESPONDENT ADDRESS:

DAVID ROTONDO

THE BATDS BLDG STE 219A

7 NORTH MAIN ST

ATTLEBORO MA 02703

RETURN ADDRESS:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

MARK: FREEZ-EEZ

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

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.

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 76/603116

This letter responds to applicant’s communication filed on 07/08/05. The submitted drawing page, identification, and classification of goods are acceptable and have been entered into the record. Applicant’s response raises a new issue which is discussed below.

Color Claim and Description

Applicant did not include the colors black and white in the color claim and the color white does not appear in the color description. 37 C.F.R. §2.52(b)(1); TMEP §807.07 et seq. The color claim and description must include all of the colors that appear in the mark. Common color names should be used to describe the colors in the mark, e.g., red, yellow, blue. TMEP §807.07(a)(ii). Applicant may submit the following color claim and color description, if accurate:

The colors black, white, blue and orange are claimed as a feature of the mark. The color blue appears inside the word "FREEZ" and inside the cube design located above the word freeze. The color orange appears inside the lettering "-EEZ" which is located below "FREEZ". The outline of "FREEZ", "-EEZ", and the cube design is black. The color white appears in the entire mark.

PLEASE NOTE: Applicant may telephone the trademark examining attorney to resolve the issue(s) raised .

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

/RFO/

Ramona F. Ortiga, Esq.

Trademark Examining Attorney

USPTO LO 110

571-272-9715

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.