UNITED STATES PATENT AND TRADEMARK OFFICE

NOTICE OF SUSPENSION

ISSUE/MAILING DATE: 10/29/2007

SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below.  No response is needed.  37.C.F.R.§2.67. The Office will conduct periodic status checks to determine if suspension remains appropriate.

The Office has reassigned this application to the undersigned trademark examining attorney.  This is in response to the applicant’s communication received on October 8, 2007.  Applicant’s amendments to the identification of goods is accepted and made of record.

The refusal under Section 2(d) as to all cited registrations is hereby withdrawn.  The potential 2(d) refusal as to Applications Serial No. 76645088  is also withdrawn.   However, applicant is advised of the following: 

PRIOR PENDING APPLICATIONS

Action on this application is suspended pending the disposition of:

            - Application Serial No(s). 76643289; 76647652 and 78869386

Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application in a refusal to register under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d).  See 37 C.F.R. §2.83; TMEP §§1208 et seq.  A copy of information relevant to this pending application(s) was sent previously.

The examining attorney has considered applicant’s arguments against the citation of the above-referenced applications, but remains unpersuaded at this time to withdraw the citations because of the services involve computer software consultation without any reference to a specific field, which could include the field of graphics. 

/Carolyn P. Cataldo/

Trademark Examining Attorney

Law Office 103

Phone:  571-272-9207

Email:   carolyn.pendleton@uspto.gov

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.

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 10/29/2007 FOR

APPLICATION SERIAL NO. 77101937

Please follow the instructions below to continue the prosecution of your application:

VIEW OFFICE ACTION: Click on this link http://portal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77101937&doc_type=SUL&mail_date=20071029 (or copy and paste this URL into the address field of your browser), or visit http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 10/29/2007.

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.