Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE:

 

THIS IS A FINAL ACTION.

 

 

This Office action is in response to applicant’s communication filed on August 18, 2008.

 

Applicant (1) submitted a black and white drawing for its color mark along with a color claim and color location statement, (2) deleted the standard character mark claim from the record; (3) responded to the translation requirement by indicating that the letters in the mark are the applicant’s initials; and (4) submitted a substitute specimen.

 

Nos. (2), (3) and (4) are acceptable.

No. (1) is not acceptable.

 

For the reasons set forth below, the drawing requirement and requirement for a translation of the foreign wording in the mark are continued and now made FINAL.  37 C.F.R. §2.64(a).

 

FINAL REQUIREMENT – Color Drawing

As noted in the prior Office action, the drawing of the mark is in black and white, but the application claims color as a feature of the mark.  All applications for marks claiming color must provide a drawing showing the mark in color.  37 C.F.R. §2.52(b)(1); TMEP §807.07(a).

 

Therefore, applicant must satisfy one of the following:

 

(1)               Submit a substitute drawing showing the mark in color, with both a statement listing all of the colors that are claimed as a feature of the mark, and a statement describing where the colors appear in the mark.  The following format is suggested:  “The color(s) orange and yellow are claimed as a feature of the mark.  The color orange appears in the triangle while the color yellow appears in the letters “ILE” and the heart.”; or

 

(2)               Submit a substitute drawing showing the mark in black and white without color lining, and a statement authorizing deletion of the color claim and color statement.  Color is not material to the commercial impression of the mark and can be deleted from the drawing.

 

TMEP §807.07(e); see 37 C.F.R. §2.72; TMEP §§807.07(a) et seq., 807.14 et seq.

 

Based on the foregoing, the above requirement regarding applicant’s drawing is now made FINAL.

 

PROPER RESPONSE TO FINAL ACTION

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).

 

 

/Daniel Brody/

Trademark Examining Attorney

Law Office 115

U.S. Patent and Trademark Office

(571) 272-9724

 

 

 

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.