UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/632691
APPLICANT: Corey Feed Mills Ltd.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: PROSERIES
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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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Serial Number 76/632691
NOTICE OF SUSPENSION
The examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 704.02.
This application is otherwise in condition for publication. Therefore, action on this application is SUSPENDED pending receipt of the foreign registration and, if appropriate, an English translation signed by the translator. TMEP §§806.02(f) and 1003.04.
If applicant wishes to proceed relying on its intent to use the mark in commerce as the sole basis for registration, then applicant may notify the trademark examining attorney accordingly, and request that the mark be approved for publication based solely on the Section 1(b) basis. If applicant does so, applicant will still retain its priority claim under Section 44(d). TMEP §§806.02(f) and 806.04(b). Although the application may be approved for publication, the mark will not register until after an acceptable allegation of use has been filed.
When an application is filed pursuant to Section 44(d), this Office presumes, unless otherwise indicated, that the applicant intends to rely upon the resulting foreign registration as a basis for registration in the United States. TMEP §§806.02(f) and 1003.03. Under such circumstances, the application may not be approved for publication until a copy of the foreign registration and, if appropriate, an English translation signed by the translator, have been filed. TMEP §1004.01(b).
It is noted that applicant made a “standard character” claim in the United States application.
If the foreign application or registration does not include such a claim, then the drawing will be found not to be a “substantially exact representation” of the mark as it appears in the foreign application or registration. See United Rum Merchants Ltd. V. Distillers Corp. (S.A.) Ltd., 9 USPQ2d 1481 (TTAB 1988); 37 C.F.R. 2.51; TMEP Section 807.03(f), 807.14 and 1011.01.
If that is the case, applicant will be required to either (1) submit a statement that “under the law of the country of origin, the foreign application or registration includes a standard character claim,” or (2) delete the standard character claim from the U.S. application. 37 C.F.R. §2.52.
If the standard character claim is deleted from the U.S. application, then the drawing of the mark will be considered a “special form drawing.” 37 C.F.R. §2.52.
If the applicant has any questions about this Office action, please telephone the assigned examining attorney.
/Steven Foster/
Steven Foster, Trademark Attorney
Law Office 106
(571) 272-9318
Fax number for the Law Office: (571) 273-9106