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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

ISSUE/MAILING DATE:

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

The application has been removed from publication for the reasons stated below.

STANDARD CHARACTER CLAIM - INQUIRY

The applicant did not specify in the application whether the mark is in standard character form or stylized form and thus the examiner must inquire. See TMEP 807.03(h)

The drawing shows the mark with minor stylization; however, the application does not include a standard character claim. Thus, applicant must clarify whether the mark is presented in standard characters or in a special form drawing format. TMEP §807.03(h).

A standard character drawing depicts a mark only in Latin characters, Roman or Arabic numerals, and common punctuation or diacritical marks, with no design element or stylization and no claim to any particular font style, size or color. 37 C.F.R. §2.52(a); TMEP §807.03(a). A special form drawing, however, is used to depict a mark with stylized lettering, color, and/or design elements. 37 C.F.R. §2.52(b); TMEP §807.04(a).

In this case, a standard character drawing would be acceptable because the wording creates a distinct commercial impression apart from any stylization or design element on the specimen. See In re wTe Corp., 87 USPQ2d 1536, 1539-40 (TTAB 2008); TMEP §807.04.

If the mark is in standard characters, 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 the mark is shown in a special form drawing format, applicant must state so and also 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.

/Michele-Lynn Swain/

Michele-Lynn Swain

Examining Attorney

Law Office 116

571-272-9232

michele.swain@uspto.gov

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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/trademarks/teas/correspondence.jsp.