Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

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.

 

Serial Number  77/004655

 

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.

 

Significance of the Acronym “ITV”

 

Applicant must specify whether the letters “ITV” have any significance in the advertising,  television, or nutritional supplement trade or industry or as applied to the goods and services described in the application.  37 C.F.R. §2.61(b).

 

Duplicate Application

 

Contemporaneously with this application, Applicant also filed application Serial No. 77004657 for identical goods and services, but claiming stylized form instead of standard characters.  The Office will not issue two or more identical registrations.  If two applications would result in registrations that are exact duplicates, the Office will permit only one application to mature into registration, and will refuse registration in the other application.  TMEP §703.

 

Although a standard character drawing and a special form drawing of the same mark normally are not considered identical, in this case it is noted that the drawing submitted with application Serial No. 77004657 does not contain any stylizations, but instead appears to be simply a poor reproduction of standard characters, resulting in jagged edges on the letter “v.” 

 

Therefore, the Office must refuse registration to one of these applications.  Applicant may specify which application it prefers be refused.  Absent any response from Applicant on this issue, the Office will refuse registration to the application with the higher serial number, to wit, Serial No. 77004657.

 

Applicant’s Response

 

To expedite prosecution of this application, Applicant is encouraged to file its response to this Office action through the Trademark Electronic Application System (TEAS), available at http://www.gov.uspto.report/teas/index.html.

 

If Applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

 

 

 

/Benjamin T. Allen/

Trademark Examining Attorney

Law Office 114

United States Patent and Trademark Office

Phone: (571) 272-6941

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.