UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/604302
APPLICANT: Dr. Ing. h.c. F. Porsche AG
|
|
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
|
MARK: TECHNORAD
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 11291/090002
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 76/604302
The assigned trademark examining attorney has reviewed the referenced application and determined the following.
NO CONFLICTING MARK FOUND
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
DUPLICATIVE APPLICATION
Applicant is the owner of Registration No. 2187137 (attached) for the identical mark for the identical goods. It is the practice of the Patent and Trademark Office to refuse to issue duplicate registrations. TMEP §703. Since this application would result in registrations which are exact duplications, the trademark attorney refuses registration.
Although the trademark attorney has refused registration, applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.
INFORMALITIES
Before the application can be considered further, the following informal issue must be addressed.
STANDARD CHARACTER CLAIM
Applicant must submit the following standard character claim: “The mark is presented in standard character format without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a).
Effective November 2, 2003, Trademark Rule 2.52, 37 C.F.R. § 2.52, was amended to replace “typed” drawings with “standard character” drawings. In a standard character drawing, the mark on the drawing consists of only words, letters or numbers, but does not include any designs or claims as to particular font style, size, or color. A registration for a mark using a standard character drawing affords protection not only for the standard character version of the mark, but for any possible renderings of the mark, as long as those renderings do not contain any design elements; i.e., a registered standard character drawing of the mark gives protection for display on the specimens in any lettering style. A special-form drawing, on the other hand, shows the mark in stylized letters and/or with a design element and provides protection for only that specific rendering. 37 C.F.R. §2.52; Exam Guide 01-03, section I; See TMEP §§807.06 et seq. and TMEP §807.07 et seq. Applicants seeking to register a mark without any claim as to the manner of display must submit the standard character claim as set forth above.
RESPONSE
If applicant has any questions regarding any of the issues set forth in this Office action, applicant may telephone the trademark examining attorney.
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Douglas M. Lee/
Trademark Examining Attorney
Law Office 108
U.S. Patent and Trademark Office
Tel. (571) 272-9343
Fax. (571) 273-9343
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.