| To: | Take-Two Interactive Software, Inc. (elingsr@gtlaw.com) |
| Subject: | TRADEMARK APPLICATION NO. 77011293 - ROCKSTAR GAMES - N/A |
| Sent: | 12/1/2006 4:33:17 PM |
| Sent As: | ECOM104@USPTO.GOV |
| Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/011293
APPLICANT: Take-Two Interactive Software, Inc.
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CORRESPONDENT ADDRESS:
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Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: ROCKSTAR GAMES
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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 email address.
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Serial Number 77/011293
OFFICE RECORDS SEARCH: The Office records have been searched and no similar registered mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02. Please note, however, the prior pending marks set forth below, which may bar registration of applicant’s proposed mark should one or more of them mature into a registration.
ADVISORY – AMENDMENTS TO GOODS/SERVICES: If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).
AMENDMENT(S) AUTHORIZED: As authorized by Anna Dalla Val on November 30, 2006, the application is amended as noted below. If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately. Otherwise, no response is necessary. TMEP §707.
Claim of Ownership of Prior Registrations:
The following claim of ownership is added to the record:
Applicant is the owner of U.S. Registration Nos. 2855543 and 2456387.
37 C.F.R. §2.36; TMEP §812.
Disclaimer:
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “ROCKSTAR” apart from the mark as shown.
15 U.S.C. §1056; TMEP §§1213, 1213.03(a) and 1213.08(a)(i).
Prior Pending Applications:
Information regarding pending Application Serial Nos. 78847399, 78668008, 78519244 and 78219468 is enclosed. The effective filing dates of the referenced applications precede the applicant’s filing date. There may be a likelihood of confusion under Trademark Act Section 2(d) between applicant’s mark and one or more of the referenced marks. If one or more of the referenced applications matures into a registration, registration may be refused in this case under Section 2(d). 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon entry of this Office action, action on this case will be suspended pending final disposition of the earlier-filed applications.
If applicant believes that there is no potential conflict between this application and the earlier-filed applications, then applicant may present arguments relevant to the issue in a response to this Office action. The election not to submit arguments at this time in no way limits applicant’s right to address this issue at a later point.
If applicant has questions about its application or needs assistance, please telephone the assigned trademark examining attorney directly at the number below.
James W. MacFarlane
/James W. MacFarlane/
Trademark Examining Attorney
Law Office 104
Phone: 571-270-1512
Fax: 571-270-25
