UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/673502
MARK: AZE VIRTUAL PLACE
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: AZE Ltd.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
The examining attorney has carefully reviewed the applicant’s response to the first Office action containing amendments and arguments in favor of registration. The amendment to the identification has been entered into the record. The Trademark Act Section 2(d) refusal made in the previous action is withdrawn. The examining attorney has determined the following.
The applicant must disclaim the descriptive word "VIRTUAL” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The term “virtual” immediately informs the potential purchaser that applicant’s goods or services are “virtual” or non-physical, or are simulated or provided electronically or online. In re Styleclick.com Inc., 58 USPQ2d 1523, 1526 (TTAB 2001) (“people have come to recognize that the term ‘virtual,’ when used in connection with computers and related goods and services, means that someone at a computer is able to encounter certain things in a non-physical or ‘virtual’ manner”). Accordingly, the term appears merely descriptive of the applicant’s computer hardware and services and does not serve as an indication of the source of the goods. TMEP Section 1213.03(a).
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP §1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use “VIRTUAL” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
This issue can be resolved by telephone or by leaving a message authorizing the changes suggested above. If the applicant has any questions or needs assistance in responding to this office action, please telephone the assigned examining attorney.
/Jason F. Turner/
Examining Attorney
Law Office 108
(571) 272-9353
(571) 273-9108 (Fax for Official Responses)
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.