UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/637764
APPLICANT: AMERICAN BIO MEDICA
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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." |
MARK: RAPID TOX
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CORRESPONDENT’S REFERENCE/DOCKET NO: 4002
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 76/637764
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).
AMENDMENT(S) AUTHORIZED: As authorized by Edmund Jaskiewicz on June 26, 2006, 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 RAPID portion of the mark has become distinctive of the goods as evidenced by ownership of U.S. Registration 2686266 on the Principal Register for the same mark for related goods.
No claim is made to the exclusive right to use “TOX” apart from the mark as shown.
/Kathleen M. Vanston/
Examining Attorney
Law Office 103
(571) 272-9235