| To: | E. I. du Pont de Nemours and Company (dupont.trademarks@usa.dupont.com) |
| Subject: | TRADEMARK APPLICATION NO. 77231061 - DUPONT - N/A |
| Sent: | 4/15/2008 5:29:25 PM |
| Sent As: | ECOM115@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: 77/231061
MARK: DUPONT
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CORRESPONDENT ADDRESS: E. I. DU PONT DE NEMOURS AND COMPANY |
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: E. I. du Pont de Nemours and Company
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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: 4/15/2008
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on March 25, 2008. Applicant’s amended claim of prior registrations is made of record, however remains ambiguous. Applicant did not respond to the issue raised regarding the 2(f) Claim. Therefore, both requirements form the previous Office Action are continued and made FINAL.
Section 2(f) Claim Needs Clarification
Applicant states that the applied-for mark has acquired distinctiveness under Section 2(f) of the Trademark Act “as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 0823651[,] 9398183 [and] 2562399.” However, Registration No. 9398183 does not exist, and Registration No. 2562399 does not appear to be owned by applicant, but rather it is owned by Emhart, Inc., a corporation of Delaware. Applicant should clarify the Section 2(f) statement, or amend the claim to base the 2(f) claim on Registration No. 0823651 only.
The following statement is suggested:
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No. 0823651, 0821791 and 3124263.
Applicant did not respond to this requirement in its response of March 25, 2008.
Claim of Prior Registration Needs Clarification
Applicant claims ownership of U.S. Registration No. 3220013, however, that registration is not owned by the applicant and is not related to the currently filed mark. Applicant’s claim of ownership of U.S. Registration Nos. 0838624 and 2562300 will not be printed on any registration that may issue from this application because the marks are different. Only prior registrations for the same or similar marks are considered related registrations for purposes of an ownership claim. 37 C.F.R. §2.36; TMEP §812. Applicant should amend or clarify its claim of prior registration.
The following claim of ownership of prior registrations is suggested:
Applicant is the owner of U.S. Registration Nos. 0823651, 0821791, 3124263 and others.
Response Guidelines
If applicant does not respond within six months of the mailing date of this final Office action, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final Office action by:
(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or
(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.
37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.
In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/Matt Einstein/
Matt Einstein
Trademark Examining Attorney
Law Office 115
Phone: (571) 272-8251
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 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.
