Offc Action Outgoing

This Office action is in response to applicant’s communication filed on May 13, 2008. Applicant’s amended recitation was received and made of record. Applicant’s disclaimer statement was received and made of record. Upon review, the potential Section 2(d) refusal is withdrawn. The following requirements are continued and made final.

DRAWING OF THE MARK

The substitute drawing is not acceptable because too small with a large black background (which does not appear to be part of the mark) and thus, it will not create a high quality image when reproduced. A clear drawing of the mark is an application requirement. 37 C.F.R. §2.52. Therefore, applicant must submit a new drawing showing a clear depiction of the mark. All lines must be clean, sharp and solid, and not fine or crowded. 37 C.F.R. §§2.53(c), 2.54(e); TMEP §§807.05(c), 807.06(a).

If applicant submits a new drawing in the form of a digitized image, it must be in .jpg format. The Office recommends that the digitized image have a length and width no smaller than 250 pixels and no larger than 944 pixels. 37 C.F.R. §2.53(c); TMEP §807.05(c).

Amendments or changes to the applied-for mark in a substitute drawing will not be accepted if the changes would materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.13 et seq., 807.14.

Special form drawings submitted electronically via the Trademark Electronic Application System (TEAS) must be attached as a digitized image file. The requirements for an electronically submitted special form drawing are as follows:

(1) The mark must appear in black on a white background, unless the mark is in color. If color is a feature of the mark, applicant must depict the mark in color, and provide both a statement identifying the colors claimed and a statement describing where the colors appear in the mark.;

(2) All lines in the image must be clean, sharp and solid, and not fine or crowded, and produce a high-quality image when copied.; and

(3) The digitized mark image must be in jpg format, formatted at no less than 300 dots per inch and no more than 350 dots per inch.

37 C.F.R. §§2.52(b), (b)(1), 2.53(b)-(c); TMEP §§807.05(b)-(c), 807.07(a)(i)-(a)(ii).

In addition to the above, the Office recommends that the digitized image of the mark have a length and width of no smaller than 250 pixels and no larger than 944 pixels.

COLOR CLAIM AND COLOR DESCRIPTION

Upon review, the color location statement does not identify all the colors in the drawing of the mark. The color claim and location statement must identify all the colors in the mark on the drawing. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.

Therefore, applicant must submit a complete color description of the mark that references all of the colors appearing in the drawing of the mark. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.

The following color location statement is suggested:

The mark consists of the wording TRAVEL CAFE in red and the design of a suitcase in the colors brown, tan, yellow, green, black with a black curved line. The wings on the suitcase are white outlined in black.

OPTIONS

If applicant does not respond within six months of the mailing date of this final Office action, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final Office action by:

(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

Steven W. Jackson

/Steven W. Jackson/

Trademark Attorney

Law Office 107

Phone: 571-272-9409

Fax: 571-273-9107

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.