| To: | David Isaac (Libraking11203@yahoo.com) |
| Subject: | TRADEMARK APPLICATION NO. 77113399 - AUGPOINT. - N/A |
| Sent: | 6/14/2007 12:28:14 PM |
| Sent As: | ECOM106@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/113399
MARK: AUGPOINT.
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: David Isaac
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 6/14/2007
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
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.
Applicant must specify its entity type and citizenship. For example, an applicant can apply as an individual, a partnership, a corporation or a joint venture. 37 C.F.R. §2.32(a)(3); TMEP §§803.03 et seq. If applicant is an individual, then applicant must indicate his or her national citizenship for the record. 37 C.F.R. §2.32(a)(3)(i). If applicant is a corporation or association, then applicant must set forth the U.S. state or country (for foreign applicants only) under whose laws applicant is organized. 37 C.F.R. §2.32(a)(3)(ii). If applicant is a partnership or joint venture, then applicant must list the names and the national citizenship or the U.S. state or country (for foreign applicants only) of organization or incorporation of all the general partners or joint venturers, as well as specify the state or country under whose laws the partnership or joint venture is organized. 37 C.F.R. §§2.32(a)(3)(ii) and (iii).
In the present case, the application indicates that applicant is a partnership. If so, applicant must identify the name of the partnership and the state under whose laws the partnership is organized, or, if it is a foreign partnership, the country under whose laws the partnership is organized. In addition, applicant must list all general partners and their national citizenship (for individuals) or the U.S. state or foreign country of their organization or incorporation, as appropriate.
If applicant is a partnership, the application must be amended to identify the partnership in the following format: “<name>, a partnership organized under the laws of <state or country>, composed of <names of general partners>, <citizen(s), partnership(s), or corporation(s)> of <state or foreign country>.” 37 C.F.R. §2.32(a)(3)(iii); TMEP §§803.03(b) and 803.04.
If applicant is a limited partnership, only the names and citizenship or U.S. state or foreign country of organization or incorporation of the general partners must be provided.
In the alternative, the application lists more than one party in the application. A mark is usually owned by a single business entity or one individual. If the named parties own the mark jointly, they must state that they are joint applicants. TMEP §803.03(d).
Applicant cannot amend the application to designate another entity as the applicant. If the application was filed in the name of the wrong party, the application is void. In such a case, the true owner may file a new application with a new filing fee. TMEP §803.06.
The drawing is not acceptable because it is a photocopy of the mark that does 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).
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.
Applicant’s description of the mark will not be printed on any registration that may issue from this application. TMEP §808.03. The description is unnecessary because the mark is composed of easily recognized letters, numerals, designs, or figurative elements. TMEP §§808.01(a) and 808.01(b).
The drawing shows the mark in black and white and the application claims color as a feature of the mark but fails to show the applied-for mark in color. 37 C.F.R. §2.52(b)(1). However, all applications for marks claiming color must provide a drawing showing the mark in color.
Therefore, applicant must satisfy one of the following:
(1) Submit a substitute drawing showing the mark in color, with a statement listing all the colors claimed as a feature of the mark, and a separate statement describing where the colors appear in the mark. The following format is suggested: “The colors [specify] are claimed as a feature of the mark. The color [name of color] appears in the wording [indicate wording, as appropriate] and the color appears in the design [identify design element as appropriate].”
(2) Submit a substitute drawing showing the mark in black and white; and a statement authorizing deletion of the statement claiming color as a feature of the mark. Color is not material to the commercial impression of the mark and can be deleted from the drawing of the mark. 37 C.F.R. §2.72; TMEP §§807.07(d) and 807.14 et seq.
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.
PLEASE NOTE: Applicant is encouraged to telephone the trademark examining attorney to resolve the issues raised below.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. Please note that all electronic communications must be signed using the "/name/" format. TMEP section 804.05.
Applicants are strongly encouraged to use TEAS to respond to office actions.
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.
PLEASE NOTE: Because it delays processing, submission of duplicate papers is discouraged. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted electronically or by fax. TMEP 306.04; Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).
TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html: (1) written responses to Office actions; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner’s address; (5) appointments and revocations of attorney; (6) amendments to allege use; (7) statements of use; (8) requests for extension of time to file a statement of use, and (9) requests to delete a §1(b) basis. If any of these documents are filed on paper, they must be accompanied by a $50 per class fee. 37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(i). Telephone responses will not incur an additional fee. NOTE: In addition to the above, applicant must also continue to accept correspondence from the Office via e-mail throughout the examination process in order to avoid the additional fee. 37 C.F.R. §2.23(a)(2).
/Bernice Howse/
Bernice Howse
Trademark Examining Attorney
Law Office 106
bernice.howse@uspto.gov
Fax No: (571) 273-9106
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
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.