UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY 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.  If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling. 

 

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.

 

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).

 

QUESTIONS:  Please contact the assigned trademark examining attorney with any questions.

 

Serial Number 76/659665

 

EXAMINER'S AMENDMENT

 

AMENDMENT(S) AUTHORIZED:  As authorized by Bernard Klosowski on August 22, 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.   

 

AMENDMENT OF IDENTIFICATION OF SERVICES

 

The identification of services is amended to read as follows: 

 

            Optical computing services, namely, testing and evaluation for industrial process analysis and control, in International Class 42.

 

TMEP §1402.01(e).

 

PRIORITY ACTION

 

Applicant must respond to each requirement raised below.  If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling.  TMEP §§708.01 and 708.05.

 

TWO MARKS IN APPLICATION – MARK ON DRAWING PAGE CONTROLS

 

In the present case, the application shows two different marks:  The mark in color appears on the separate drawing page and the mark in black and white appears in the body of the application.  The applied-for mark has been determined to be in color, the mark that appears on the separate drawing page of the application. 

 

If an application shows two different marks, one in the body of the application and one on a separate drawing page, then the mark on the separate drawing page controls for purposes of determining what the mark is.  In such cases, the Office disregards the mark found in the body of the application.  In re L.G. Lavorazioni Grafite S.r.l., 61 USPQ2d 1063 (Dir USPTO 2001); TMEP §807.01.

 

COLOR DRAWING WITH NO CLAIM OR DESCRIPTION

 

Applicant has submitted a color drawing and must clarify whether color is a feature of the proposed mark.  37 C.F.R. §2.52(b)(1); TMEP §807.07(b).

 

If color is a feature of the proposed mark, then applicant must submit (1) a statement that “the colors green and black are claimed as a feature of the mark,” and (2) a separate description of where the colors appear in the mark, i.e., “the color green appears in the letters “in”, and the color black appears in the rest of the wording.”  Common color names should be used to describe the colors in the mark, e.g., red, yellow, blue.  TMEP §§807.07(a)(i) and (a)(ii).

 

If color is not a feature of the mark, then applicant must submit a substitute black and white drawing of the proposed mark to replace the color drawing of record.

 

/Roberto Ledesma/

Trademark Examining Attorney

Law Office 113

Phone: (571) 272-8848

Fax: (571) 273-9113

 

 

 

 

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