| To: | I-tec Electronics inc (mjohnston@bwsiplaw.com) |
| Subject: | TRADEMARK APPLICATION NO. 77001706 - I MAGIC - 08405.040 |
| Sent: | 3/3/2008 10:24:20 AM |
| Sent As: | ECOM112@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/001706
MARK: I MAGIC
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: I-tec Electronics inc
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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: 3/3/2008
TELEPHONE RESPONSE SUGGESTED: Applicant is encouraged to telephone the trademark examining attorney to resolve the new issue raised below.
PLEASE NOTE: Because this Office Action raises a new requirement, an appeal to the Trademark Trial and Appeal Board on any issue in this Office Action is considered premature at this time. Therefore, applicant must respond on the merits directly to the trademark examining attorney. 37 C.F.R. §§2.64 and 2.141; TMEP §714.03.
This letter responds to applicant’s communication filed on February 26, 2008, in which applicant responded to the examining attorney’s non-final action of August 26, 2007 by submitting:
As applicant’s proposed amended identification is acceptable and adequately distinguishes its goods from those of the type in the cited registration, both the requirement for clarification of the identification and the Section 2(d) refusal are hereby withdrawn.
However, upon further review of the application, the examining attorney has determined that a new requirement must issue at this point. While the trademark examining attorney apologizes for the inconvenience, please note the following:
Significance Inquiry
Applicant must specify whether “I” in the mark I MAGIC has any significance in the electronics trade or industry, any geographical significance, or any meaning in a foreign language. 37 C.F.R. §2.61(b).
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. Please note that all electronic communications must be signed using the "/name/" format. TMEP section 804.05.
Applicants may now respond formally using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>. When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces the time it takes to process the applicant’s response, while also eliminating the possibility of data entry errors by the Office. Applicants are strongly encouraged to use TEAS to respond to office actions.
TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>: (1) responses to Office actions; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner’s address; (5) appointments and revocations of attorney; (6) amendments to allege use; (7) statements of use; (8) requests for extension of time to file a statement of use, and (9) requests to delete a §1(b) basis. If any of these documents are filed on paper, they must be accompanied by a $50 per class fee. 37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(i). NOTE: In addition to the above, applicant must also continue to accept correspondence from the Office via e-mail throughout the examination process in order to avoid the additional fee. 37 C.F.R. §2.23(a)(2).
PLEASE NOTE: Because it delays processing, submission of duplicate papers is discouraged. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted electronically or by fax. TMEP 306.04; Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).
/Kevin S. Corwin/
Trademark Examining Attorney
Law Office 112
Phone - (571) 270-1521
Fax No - (571)270-2521
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 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 as 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.