To: | Harbor Seafood, Inc. (bloewenthal@grr.com) |
Subject: | TRADEMARK APPLICATION NO. 77002029 - HARBOR SEAFOOD SINCE 1975 - N/A |
Sent: | 2/7/2007 11:49:31 AM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/002029
APPLICANT: Harbor Seafood, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: HARBOR SEAFOOD SINCE 1975
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Disclaimers
Applicant must disclaim the descriptive wording “SEAFOOD” and “SINCE 1975” apart from the mark as shown because it merely describes the goods (seafood) and a characteristic of the source of the goods, that is, existence since the year 1975. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).
The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer. TMEP §1213.08(a)(i). The following is the standard format used by the Office:
No claim is made to the exclusive right to use “SEAFOOD” and “SINCE 1975” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
Drawing
Applicant must submit a new drawing with “TM” deleted because it is not part of the mark. TMEP §§807.02 and 807.14(a).
In addition, the drawing submitted with the application includes a design element that is not included in the description of the mark. That is, in the lower right corner of the drawing, there is a blue triangle shape and it is unclear whether that element is intended to be part of the mark. Applicant should clarify and/or submit a new drawing and/or description of the mark, as appropriate.
Finally, the following modification to the color claim is suggested: “The colors black and light blue are claimed as a feature of the mark.”
/Heather D. Thompson/
Trademark Examining Attorney
Law Office 109
571.272.9287
heather.thompson1@uspto.gov
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.