Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

ISSUE/MAILING DATE:

 

OFFICE ACTION

 

 

The Trademark Office records have been searched and no similar registered mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.  However, a potentially conflicting mark in a prior-filed pending application may present a bar to registration.

 

EARLIER-FILED APPLICATION

 

Information regarding pending Application Serial No. 76/686980 is enclosed.  The filing date of the referenced application precedes applicant’s filing date, and there may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  If the referenced application registers, registration may be refused under Section 2(d).  37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon entry of a response to this office action, action on this case may be suspended pending final disposition of the earlier-filed application.

 

If applicant believes there is no potential conflict between the applications, applicant may present arguments relevant to the issue in a response to this office action.  The election not to submit arguments at this time in no way limits applicant’s right to address this issue at a later point.

 

CITIZENSHIP OF APPLICANT REQUIRED

 

Applicant must specify his national citizenship for the record.  15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(3)(i); TMEP §803.04.

 

TRANSLATION OF THE MARK

 

Applicant must submit an English translation of the mark.  TMEP §809; see 37 C.F.R. §§2.32(a), 2.61(b).  The following translation statement is suggested: 

 

The English translation of “Veloce” is “fast.” 

 

An online translation from the Yahoo website is attached.

 

PHONE NUMBER

 

Applicant’s attorney should provide a daytime telephone number on all papers filed with the Trademark Office.  TMEP §302.03(a).

 

 

 

/Sue Carruthers/

Trademark Attorney, Law Office 108

Phone:  571-272-9139

Fax: 571-273-9108 (formal responses only)

 

 

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 office’s Response to office Action 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; the USPTO does not accept e-mailed responses.

 

If responding by paper mail, please include the following information:  application serial number, the mark, 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.