Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

Search of Office’s Database of Marks

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

However, the applicant must respond to the following issue.

Drawing

The drawing shows the mark in block type or other plain type format with minimal stylization; however, the application does not include a standard character claim. Thus, it is not clear whether applicant intends to depict the mark in standard characters or in a special form drawing format. TMEP §807.03(h).

If a standard character drawing was intended, then applicant must submit the following statement: “The mark consists of standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a); TMEP §807.03(a). If a special form drawing was intended, then applicant must state so for the record and ensure that an accurate description of the mark is included in the record. See 37 C.F.R. §2.52(b); TMEP §§807.04 et seq.

A standard character drawing shows the applied-for mark depicted in Latin characters, Roman or Arabic numerals, with common punctuation or diacritical marks, with no design element or stylization of lettering/numbers, and no claim to any particular font style, size or color. 37 C.F.R. §2.52(a); TMEP §807.03(a). A registration for a mark in standard characters affords protection not only for the mark as it appears in standard characters, but also for any possible renderings of the mark, as long as those renderings do not contain any design elements. In other words, a registered mark in standard characters provides protection of the mark in any lettering style. See 37 C.F.R. §2.52(a); TMEP §807.03(a).

A special form drawing, on the other hand, shows the mark in stylized letters and/or with a design element and provides protection for only that specific rendering. See 37 C.F.R. §2.52(b); TMEP §§807.04 et seq.

The applicant must indicate whether a standard character drawing or a special form drawing was intended. If a standard character drawing was intended, as noted above, the applicant must submit a standard character claim.

Telephone Response Suggested

Applicant is encouraged to telephone the assigned trademark examining attorney to resolve the issues raised in this Office action.

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

U.S. Patent and Trademark Office

/Amy Alfieri/

Amy Alfieri

Examining Attorney, Law Office 109

Phone: 571.272.9422

Email: amy.alfieri@uspto.gov

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.

WHO MUST SIGN THE RESPONSE: It must be personally signed by (1) an individual applicant; (2) someone with legal authority to bind applicant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent applicant.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.