Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  76/629623

 

The assigned examining attorney has reviewed the applicant’s correspondence received on February 17, 2006, in the referenced application and determined the following.  The standard character claim is acceptable.  The following issue, however, remains outstanding.

 

REFUSAL TO REGISTER THE MARK UNDER SECTION 2(E)(1) IS MAINTAINED

 

The refusal under Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1), is maintained.  37 C.F.R. §2.64(a).  The arguments as stated in the 8/24/2005 Office Action are incorporated herein by reference.

 

Supplemental Register

 

Registration is refused on the Supplemental Register on the ground that the proposed mark is not in lawful use in commerce.  Trademark Act Section 23, 15 U.S.C. §1091.  Amendment to the Supplemental Register is unacceptable because this application is based on applicant’s bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and applicant has not yet submitted an amendment to allege use under 37 C.F.R. §2.76.  37 C.F.R. §§2.47(d) and 2.75(b); TMEP §1102.03.

 

The trademark examining attorney will withdraw this refusal if applicant submits an amendment to allege use that meets the minimum filing requirements of 37 C.F.R. §2.76(e).  If applicant does not delete the amendment to the Supplemental Register and submits an amendment to allege use in response to this refusal, then the Office will consider the filing date of the amendment to allege use to be the effective filing date of the application, and the trademark examining attorney will conduct a new search of Office records for conflicting marks.  37 C.F.R. §2.75(b); TMEP §§206.01 and 1102.03.

 

Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.

 

RESPONSE

 

Applicant may respond to this Office action using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>.  When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces processing time and eliminates the possibility of data entry errors by the Office.  Applicants are strongly encouraged to use TEAS to respond to Office actions.  Applicants using TEAS should not submit a duplicate paper copy of the response.

 

STATUS OF APPLICATION

 

The Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations.  The TARR database is available 24 hours a day, 7 days a week.  Status and status date information is also available via push-button telephone at (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday. 

 

Tina L. Snapp

 

/Tina L. Snapp/

Examining Attorney

Law Office 116

(571) 272-9224

Rightfax (571) 273-9116

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• 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.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.