UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/028302
APPLICANT: Ing. Loro Piana & C. S.p.A.
|
|
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
|
MARK: LORO PIANA
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 07587.0297US
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.
|
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 77/028302
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.
However, before the mark can be approved for publication, the applicant must address the following procedural issues:
Name of Living Individual
Applicant must clarify whether the name in the mark identifies a particular living individual.
If the name in the mark identifies a particular living individual, then applicant must submit the following:
(1) a signed, written consent from that individual, authorizing applicant to register the name as a trademark with the USPTO; and
(2) a statement that “LORO PIANA identifies a living individual whose consent is of record.”
However, if the name in the mark does not identify a living individual, then applicant must submit a statement that “LORO PIANA does not identify a living individual.” Trademark Act Section 2(c), 15 U.S.C. §1052(c); TMEP §§813 and 1206.
The drawing is not acceptable because the lines are not solid in the script and the examining attorney is unable to make out the design elements in the crest. Thus, the drawing will not create a high quality image when reproduced. A clear drawing of the mark is an application requirement. 37 C.F.R. §2.52.
Therefore, applicant must submit a new drawing showing a clear depiction of the mark. All lines must be clean, sharp and solid, and not fine or crowded. 37 C.F.R. §§2.52, 2.53(c) and 2.54(e).
If applicant submits a new drawing in the form of a digitized image, it must be in JPG format. The Office recommends that the digitized image have a length and width no smaller than 250 pixels and no larger than 944 pixels. 37 C.F.R. §2.53(c); TMEP §807.05(c). If reduction of the mark to the required size renders any details illegible, then applicant may insert a statement in the application to describe the mark and these details.
If submitted on paper, the Office prefers that the drawing be depicted on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm. wide and 27.9 to 29.7 cm. long). One of the shorter sides of the sheet should be regarded as its top edge. In addition, the drawing should include the caption “DRAWING PAGE” at the top of the drawing beginning one-inch (2.5 cm) from the top edge. 37 C.F.R. §2.54; TMEP §§807.06 et seq.
Amendments or changes to the applied-for mark in a substitute drawing will not be accepted if the changes would materially alter the mark. 37 C.F.R. §2.72; TMEP §807.14.
The Office strictly enforces these drawing requirements.
Applicant must submit a concise description of the mark. 37 C.F.R. §2.37; TMEP §§808 et seq. The following is suggested:
The mark consists of the wording LORO PIANA in script. To the left of the wording is a crest. The crest consists of four corners. The upper right hand corner and the lower left hand corners each feature a five-pointed star. The upper left hand corner features a {insert object, e.g., tree}. The lower right hand corner features a {insert object, e.g., starfish, bird}. Underneath the shield is laurel branch.
The application does not include a copy of the foreign registration. An application filed under Section 44(e) of the Trademark Act must include a true copy, photocopy, certification or certified copy of a foreign registration, or a registered extension of protection of an international registration from the applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004 et seq.
Applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. See TMEP §§1002.01 and 1004. If applicant’s country of origin does not issue registrations or certificates of extension of protection, the applicant may submit a copy of the international registration that shows that protection of the international registration has been extended to applicant’s country of origin. TMEP §1016.
Therefore, applicant must submit a copy of the foreign registration in order to satisfy the requirement of Section 44(e). If the foreign certificate of registration is not written in English, applicant must also provide an English translation signed by the translator. See TMEP §§1004.01 and 1004.01(b).
If the applicant has any questions or needs further assistance, please telephone the assigned
examining attorney.
/Daniel J. Russell/
Trademark Examining Attorney
Law Office 105
Phone No. (571) 272-8479
Fax No. (571) 273-8479
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.