To: | Sinko Tech Micro Endustriyel (robertcadoux@rcn.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77745092 - FLEXTECH - N/A |
Sent: | 9/5/2009 11:07:50 AM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/745092
MARK: FLEXTECH
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CORRESPONDENT ADDRESS: LAW OFFICE OF ROBERT L. CADOUX |
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: Sinko Tech Micro Endustriyel
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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: 9/5/2009
TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: Applicants who filed their application online using the reduced-fee TEAS Plus application must submit certain documents electronically. In addition, such applicants must accept correspondence from the Office via e-mail throughout the examination process and maintain a valid e-mail address. 37 C.F.R. §§2.23(a), (b); TMEP §§819, 819.02(a), (b). Failure to do so will incur an additional fee of $50 per class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04.
Therefore, applicant must submit the following documents using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html: (1) responses to Office actions; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner’s address; (5) appointments and revocations of power of attorney; (6) appointments and revocations of domestic representative; (7) amendments to allege use; (8) statements of use; (9) requests for extension of time to file a statement of use; and (10) requests to delete a Trademark Act Section 1(b) basis. If applicant files any of these documents on paper instead of via TEAS, then applicant must also submit the $50 per class fee. 37 C.F.R. §§2.6(a)(1)(iv), 2.23(a)(1); TMEP §§819.02(b), 819.04. Telephone responses that result in the issuance of an examiner’s amendment will not incur this additional fee.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
However, the applicant should note the following informality:
COLOR CLAIM AND DESCRIPTION ARE ACCURATE BUT INCOMPLETE
Applicant has submitted a color drawing, but has not properly specified the colors claimed as a feature of the mark (there is no such color as “red tilda”) or provided a mark description that identifies the literal and design elements and specifies where all the colors appear in those elements. Applications for marks depicted in color must include a complete list of all the colors claimed as a feature of the mark and a mark description of the literal and design elements that specifies where all the colors appear in those elements. 37 C.F.R. §§2.37, 2.52(b)(1); see TMEP §§807.07(a) et seq.
Generic color names must be used in the color claim and mark description, e.g., magenta, yellow, turquoise. TMEP §807.07(a)(i)-(a)(ii).
Therefore, applicant must provide a color claim and a mark description specifying where all the colors appear in the mark. The following color claim and mark description are suggested, if accurate:
Color claim: “The colors BLACK, WHITE, RED and GRAY are claimed as a feature of the mark.”; and
Mark description: “The mark consists of the following: a the color WHITE appearing as the text “FLEXTECH” on a light GRAY oval background, which is itself on a dark GRAY oval background while also being flanked on each side by a Philips-head screw appearing in the colors WHITE and BLACK, with each oval having shade features appearing in the color BLACK, and a RED tilde appearing under the text but on top of the light GRAY oval and crossing over the dark GRAY oval.”
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://tmportal.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.
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
US Patent and Trademark Office
Ron.Aikens@USPTO.gov
(571) 272-9268 (d)
(571) 273-9268 (f)
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.