UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/617578
APPLICANT: PIERRE FABRE S.A.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for TrademarksP.O. Box 1451 Alexandria, VA 22313-1451
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MARK: DELAXON
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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.
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EXAMINER’S AMENDMENT/PRIORITY 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. If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling.
OFFICE RECORDS SEARCH: 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.
ADVISORY – AMENDMENTS TO GOODS/SERVICES: If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).
QUESTIONS: Please contact the assigned trademark examining attorney with any questions.
Serial Number 76/617578
AMENDMENT(S) AUTHORIZED: As authorized by G. PATRICK SAGE on June 1, 2005, the application is amended as noted below. If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately. Otherwise, no response is necessary. TMEP §707.
The claim of ownership of the prior registration has been deleted.
Applicant must respond to each refusal and/or requirement raised below. If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling. TMEP §§708.01 and 708.05.
Please provide a copy of the foreign registration and an English translation thereof.
It is noted that the applicant has not filed a Section 8 affidavit for the above registration. However, because the Trademark Office does not issue duplicate registrations, if the prior registration has not been cancelled when applicant files its response, this application will be suspended until the cancellation takes place.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305-8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven-digit registration number or eight-digit application number, followed by the “#” symbol, after the welcoming message and tone. Callers may request information for up to five registration number or application number records per call.
Current status and status date information is also available on the United States Patent and Trademark Office web site at www.uspto.gov. In addition, all incoming responses and outgoing Office actions may be viewed on the web site.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).
“TMEP” refers to the Trademark Manual of Examining Procedure (3rd ed., Rev. 1, June, 2002), available on the United States Patent and Trademark Office web site at www.uspto.gov.
To ensure that its response is considered timely, applicant may wish to add the following completed “certificate of mailing” to the end of its response. Applicant should keep a photocopy of its response with the signed certificate, in case the response is lost or misplaced. See TMEP §§305.02 et seq.
CERTIFICATE OF MAILING
I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA, 22313-1451, on the date below.
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(Typed or Printed Name of Person Signing Certificate)
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(Signature)
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(Date)
The certificate of mailing procedure does not apply to the initial filing of trademark applications. 37 C.F.R. §2.197(a)(2).
Please note: If the applicant submits a response electronically, an electronic signature is required. An applicant, registrant or attorney may sign an electronic communication by entering a “symbol” that he or she has adopted as a signature between two slashes. In addition, the Office will accept an electronic communication containing the “/s/” (“/(signature)/”) notation in lieu of a signature. A scanned image of a document signed in ink is also acceptable, as long as the image is attached in .jpg format. TMEP Section 304.08.
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.
/Paul F. Gast/
Trademark Attorney, Law Office 106
(571) 272 -9163 PHONE
(571) 273- 9106 FAX
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