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:

 

The assigned trademark examining attorney has reviewed the referenced application and has determined the following:

 

SEARCH FOR REFERENCES

 

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.

 

EARLIER – FILED PENDING APPLICATION

 

The Office records have been searched and no similar registered mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.  However, please be advised that a potentially conflicting mark in a prior-filed pending application may present a bar to registration.

 

Information regarding pending Application Serial No. 78532217 is enclosed.  The filing date of the referenced application precedes applicant’s filing date.  There may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  If the referenced application registers, registration may be refused in this case under Section 2(d).  37 C.F.R. §2.83; TMEP §1208.01.

 

If applicant believes there is no potential conflict between this application and the earlier-filed application, then applicant may present arguments relevant to the issue in a response to this Office action.  The election not to submit arguments at this time in no way limits applicant’s right to address this issue at a later point.

 

If applicant chooses to present arguments relevant to the earlier-filed pending application, applicant must also respond to the following informalities.

 

DUPLICATE APPLICATION

 

This application and Application Serial No. 76446657 appear to be duplicate applications, and one of them must be abandoned.  The U.S. Patent and Trademark Office will not issue duplicate registrations.  TMEP §703.  See attached copy.

 

EXPRESS ABANDONMENT

 

Applicant can expressly abandon the subject application online, using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html.  However, if applicant files an express abandonment on paper via regular mail, applicant may submit the following in a written notice:

 

Applicant hereby expressly abandons its application, Serial No. {insert number}, pursuant to 37 C.F.R. §2.68.

 

_____________________________

(Signature)

_____________________________

(Print or Type Name and Position)

_____________________________

(Date)

 

 

CLASSIFICATION OF GOODS

 

The goods are classified incorrectly.  Applicant must amend the application to classify the goods in International Class 005.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).

 

CLAIM OF PRIOR REGISTRATIONS

 

Applicant has claimed ownership of Registration No. 2813256.  The Office records show that applicant is the owner of additional registrations.  If applicant is also the owner of U.S. Registration Nos. 3319358, 3341213 and others, then applicant must submit a complete claim of ownership.  37 C.F.R. §2.36; TMEP §812.  The following standard format is suggested:

 

Applicant is the owner of U.S. Registration Nos. 2813256, 3319358, 3341213, AND OTHERS.

 

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.

 

 

/Attiya Malik/

Trademark Examining Attorney

Law Office 112

(O) 571-272-5889

(F) 571-273-5889

 

 

 

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.