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  76/630502

 

The Office has reassigned this application to the undersigned trademark examining attorney.

 

This letter responds to the applicant’s communications dated February 16, 2006 and August 31 2006. The amended drawing removing the ® symbol and the pink background has been accepted and added to the record.

 

Please note the following issues:

 

COLOR CLAIM AND COLOR DESCRIPTION

 

The applicant provided an amended color claim and color description that indicated that the drawing includes the color blue. Unfortunately, the drawing does not show the wing of the dove design in the color blue. The examining attorney notes that applicant did describe the dove’s wing as being gray in its color description for application serial number 76631834. Therefore, the applicant must amend the color description to conform to the mark as displayed in the drawing or provide a substitute drawing that displays the mark as described.  The applicant must also provide an amended description of where the colors appear in the mark.  37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i).  The applicant may adopt the following amended color claim and color description if accurate:

“The colors red, green and gray are claimed as features of the mark.”

“The mark consists of a design of a dove in the color green with the upper wing of the dove appearing in the color gray. The dinner fork is shown in the color green. The beak of the dove touches the upright dinner fork in the color green. The words DREAM DINNERS is in the color red.”

 

Common color names should be used to describe the colors in the mark, e.g., red, yellow, blue.  TMEP §807.07(a)(ii).

 

 

If the applicant has any questions or needs assistance in responding to this Office action, please contact the assigned examining attorney.

 

 

/Katherine Connolly/

Trademark Examining Attorney

Law Office 101

Phone: 571.270.1506

Fax: 571.270.2506

 

 

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.