Offc Action Outgoing

The application currently contains a standard character claim; however the mark is shown in color and stylized. This creates an ambiguity as to the intention of the applicant. The applicant must specify whether it is seeking a standard character mark or a special form drawing and comply with the rules regarding either type of mark.

A. Paper Filing

A standard character drawing submitted on paper must comply with the following requirements:

(1) Depict the mark typed or made with a pen in black print on a white background;

(2) Depict all letters and words in the mark in Latin characters, and all numerals in Roman or Arabic numerals;

(3) Depict the mark to include only common punctuation or diacritical marks, as shown on the Office’s standard character set at http://teas.gov.uspto.report/standardCharacterSet.html, which sets forth a list of all the acceptable standard characters;

(4) Depict the mark so as not to include a design element or stylization of lettering and/or numbers in the mark; and

(5) Include a standard character claim using the following format: “The mark consists of standard characters without claim to any particular font, style, size, or color.”

37 C.F.R. §§2.52(a), 2.54(d)-(e); see TMEP §§807.03(a)-(b), 807.06 et seq.

In addition to the above, the Office prefers that the drawing be on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm wide and 27.9 to 29.7 cm long). One of the shorter sides of the sheet should be the top edge and include the caption “DRAWING PAGE.” 37 C.F.R. §2.54(a)-(c); TMEP §807.06(a).

If the mark includes characters that are not in the standard character set, the drawing will be treated as a special form drawing. TMEP §807.03(b).

B. Electronic Filing

A standard character drawing submitted electronically must comply with the following requirements:

(1) Depict the mark in black print on a white background;

(2) Depict all letters and words in the mark in Latin characters, and all numerals in Roman or Arabic numerals;

(4) Depict the mark so as not to include a design element or stylization of lettering and/or numbers in the mark; and

(5) Include a standard character claim using the following format: “The mark consists of standard characters without claim to any particular font, style, size, or color.”

37 C.F.R. §2.52(a); see TMEP §807.03(a)-(b).

When submitting a standard character drawing via the Trademark Electronic Application System (TEAS), applicant must identify the mark type as “standard characters” and enter the mark in the appropriate data field. TMEP §807.05(a); see 37 C.F.R. §2.53(a)(2). If all the characters in the mark are in the standard character set, the Office will create an acceptable digitized image of the mark and automatically generate a standard character claim. TMEP §807.05(a). If the mark includes characters that are not in the standard character set, the drawing will be treated as a special form drawing. TMEP §807.03(b).

C. Special Form Drawing

A special form drawing must comply with the following requirements:

(1) Depict the mark 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) Depict the mark using a pen or a process that will provide high definition when copied. A photolithographic, printer’s proof copy, or other high quality reproduction of the mark may be used. All lines must be clean, sharp and solid, and must not be fine or crowded; and

(3) Depict the mark no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide.

37 C.F.R. §§2.52(b), (b)(1), 2.54(b), (d)-(e); see TMEP §§807.04(a)-(b), 807.07(a) et seq.

The Office strictly enforces the drawing requirements.

Response Guidelines

There is no required format or form for responding to an Office action. The Office recommends applicants use the Trademark Electronic Application System (TEAS) to respond to Office actions online at http://www.gov.uspto.report/teas/index.html. However, if applicant responds on paper via regular mail, the response should include the title “Response to Office Action” and the following information: (1) the name and law office number of the examining attorney, (2) the serial number and filing date of the application, (3) the mailing date of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

The response should address each refusal and/or requirement raised in the Office action. If a refusal has issued, applicant can argue against the refusal; i.e., applicant can submit arguments and evidence as to why the refusal should be withdrawn and the mark should register. To respond to requirements, applicant should set forth in writing the required changes or statements and request that the Office enter them into the application record.

The response must be personally signed or the electronic signature manually entered by applicant or someone with legal authority to bind applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants). TMEP §§605.02, 712.

/Benjamin U. Okeke/

United States Patent & Trademark Office

Law Office 112

600 Dulany St., Alexandria, VA 22314

571.270.1524

571.270.2524 FAX

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; 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.