UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

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: 6/19/2008

 

The examining attorney has received and reviewed the applicant’s response to Office Action filed on March 4, 2008.

 

In the Office Action dated September 15, 2007, the examining attorney cited Application Serial Nos. 78442059, 78769591 and 78769609.  In addition, registration was refused under Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1), and the applicant was required to amend the identification of services.

 

Application Serial Nos. 78769591 and 78769609 have abandoned and are no longer a bar to registration.  The examining attorney withdraws the refusal with regard to Application Serial No. 78442059.   The amendments to the Class 42 identification of services are accepted and made of record. 

 

The refusal under Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1),  is continued and maintained.  For the reasons specified below, applicant must also address the following new issue.

 

Requirement

 

Section 2(f) Suggested – Distinctiveness Based on Prior Registrations

 

In its response to Office Action, applicant argued, in the alternative, acquired distinctiveness under Section 2(f).  However, as stated in the first Office Action, the applicant was required to verify its statement with an notarized affidavit or signed declaration under 37 C.F.R. §§2.20, 2.33.  37 C.F.R. §2.41(b); TMEP §1212.05(d). 

 

Applicant can seek registration on the Principal Register under Trademark Act Section 2(f) by claiming acquired distinctiveness through ownership of U.S. Registration No(s). 0844371, 2399113 and 2399122.  See 15 U.S.C. §1052(f); TMEP §§1212.04 et seq.  To do so, applicant must submit the following statement, if accurate:

 

The mark has become distinctive of the goods and/or services as evidenced by ownership of U.S. Registration No(s). 0844371, 2399113 and 2399122 on the Principal Register for the same mark for related goods and/or services.

 

TMEP §1212.04(e); see 37 C.F.R. §2.41(b).

 

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.

                                   

/Jessica Ellinger Fathy/

Trademark Examining Attorney

Law Office 110

(571) 272-6582

 

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; 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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 6/19/2008 FOR

APPLICATION SERIAL NO. 77227410

 

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

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77227410&doc_type=OOA&mail_date=20080619 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.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 6/19/2008.

 

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.