UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/654333
APPLICANT: Swedish Match North Europe AB
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: FIREBREAK
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1430-154
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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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 76/654333
The assigned examining attorney has reviewed the referenced application and determined the following.
NO SIMILAR MARKS FOUND
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
FOREIGN REGISTRATION REQUIRED
Applicant must submit a copy of the foreign registration to satisfy the requirement of Trademark Act Section 44(e). 15 U.S.C. §1126(e). If the foreign certificate of registration is not written in English, then applicant must provide an English translation signed by the translator. See TMEP §§1004.01 and 1004.01(b).
The application does not presently contain a copy of the foreign registration. An application filed under Section 44(e) must include a true copy, photocopy, certification or certified copy of a foreign registration or a registered extension of protection of an international registration from the applicant’s country of origin. If applicant’s country of origin does not issue registrations or certificates of extension of protection, applicant may submit a copy of the international registration, showing that protection of the international registration has been extended to applicant’s country of origin. TMEP §§1004 et seq. and 1016.
Applicant’s country of origin must either be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. See TMEP §§1002.01 and 1004.
PLEASE NOTE: Because it delays processing, submission of duplicate papers is discouraged. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax or email. 306; Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).
The following authorities govern the processing of trademark applications:
§ The Trademark Act, 15 U.S.C. Section 1051 et seq.;
§ Trademark Rules of Practice, 37 C.F.R. Part 2;
§ Trademark Manual of Examining Procedure (TMEP).
To access these resources, please see http://www.gov.uspto.report/web/offices/tac/.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Barbara Brown/
Trademark Examining Attorney, LO 116
TEL: 571-272-9134
FAX: 571-273-9116
barbara.t.brown@uspto.gov (informal)
HOW TO RESPOND TO THIS OFFICE ACTION:
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.