| To: | Fifth Element Associates, Inc. (cgannon@sheeheyvt.com) |
| Subject: | TRADEMARK APPLICATION NO. 76634921 - FIFTH ELEMENT - N/A |
| Sent: | 10/29/05 4:48:38 PM |
| Sent As: | ECOM102@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/634921
APPLICANT: Fifth Element Associates, Inc.
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CORRESPONDENT ADDRESS:
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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: FIFTH ELEMENT
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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 email address.
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Serial Number 76/634921
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).
Examining attorneys have the discretion to amend applications by examiner's amendment without prior approval by the applicant or the applicant's attorney, in the following situations: amendment of the application to enter a standard character claim, when the record clearly indicates that the drawing is intended to be in standard character form ( see and.
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 following standard character claim has been added to the record because the drawing for this application appears without a design or specific rendering.
“The mark consists of standard characters without claim to any particular font, style, size, or color.” 37 C.F.R. §2.52(a); TMEP §807.03(a).
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; TMEP §§807.03 et seq. 807.04 et seq.
If applicant has questions about its application or needs assistance, please contact the assigned trademark examining attorney directly at the number below.
/Giselle M. Agosto/
Giselle M. Agosto
Trademark Examining Attorney
Law Office 102
Phone: (571) 272-5868
Fax: (571) 273-9102