| To: | Carnation Enterprises, Inc (skhazin@carnation-inc.com) |
| Subject: | TRADEMARK APPLICATION NO. 77232174 - CARNATION - N/A |
| Sent: | 10/23/2007 5:37:00 PM |
| Sent As: | ECOM103@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/232174
MARK: CARNATION
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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: Carnation Enterprises, Inc
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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: 10/23/2007
The assigned trademark examining attorney reviewed the referenced application filed on July 18, 2007, 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.
However, the applicant should note the following informality:
Color Claim and Color Description Incomplete
Neither the color claim nor the description lists all the colors appearing in the drawing of the mark. (the color claim actually refers to the color “whilte”). 37 C.F.R. §2.52(b)(1). Common color names should be used to describe the colors in the mark, e.g., red, yellow, blue. Exam Guide 01-03, section I.B.1. Applicant must submit a complete color claim and color description of the mark that reference all the colors appearing in the drawing of the mark. 37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(ii).
The following color claim and color description are suggested:
“The color(s) orange, gray, white, black are claimed as a feature of the mark;”
“The color(s) ORANGE, BLACK and WHITE appear as the petals of a flower with a GRAY stem outlined in BLACK, and word "Carnation" appears in the color ORANGE and is outlined in the color GRAY.”
Contact and Status Update Information
The applicant may view and download any or all documents contained in the electronic file wrapper of its OWN and all other pending trademark applications, as well as many registrations via the Trademark Document Retrieval (TDR) system available online at:
<http://portal.gov.uspto.report/external/portal/tow>.
Currently, you can access all pending applications and all Madrid Protocol filings, and also many registrations, via TDR. The USPTO is in the process of converting all remaining registrations into a digital format, to permit future TDR access. This conversion process is expected to take several years.
Downloads are converted into PDF format and may be viewed with any PDF viewer, including the free Adobe Reader.
If you need information regarding the application process or applying for a Trademark, please access other resources on the Trademark Web page such as: Frequently-Asked Questions or Basic Facts about Trademarks. More detailed information is available in the Trademark Manual of Examining Procedure and the Acceptable Identification of Goods and Services Manual.
Applicants should note that they may now file changes of correspondence address via a new form on TEAS. Address changes may be performed on up to 20 cases at a time. The Trademark Office strongly encourages applicants to use this time-saving form that is available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9103.
If the applicant has any questions or needs assistance in responding to this Office action, please email the assigned examining attorney.
/Ronald E. Aikens/
Trademark Attorney, Law Office 103
US Patent and Trademark Office
(571) 272-9268 (d)
(571) 273-9268 (fax not for responses)
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.