UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/108566

 

This letter is in response to the applicant’s communication received May 14, 2003.  The applicant amended the drawing and the recitation of services.  The applicant also indicated ownership of prior pending applications that were possible bars to the application at hand.  The applicant also submitted a translation.  The drawing is not acceptable.  The amended recitation of services and translation are accepted and made of record.  The references to the prior pending applications are withdrawn.

 

DRAWING

The applicant must submit a new drawing.  The applicant’s submitted substitute drawing is not acceptable because the design portion was entirely blackened in.  None of the design features can be seen.  The requirements for a special‑form drawing are as follows:

 

(1) The drawing must appear in black and white; no color is permitted.

 

(2)  Every line and letter must be black and clear.

 

(3)  The use of gray to indicate shading is unacceptable.

 

(4)  The lining must not be too fine or too close together.

 

(5)  The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide.  It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.

 

(6)  If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.

 

37 C.F.R. §2.52; TMEP §§807.01(b) and 807.07(a).  The Office will enforce these drawing requirements strictly. 

 

The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant’s complete name; the applicant’s address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application.  37 C.F.R. §2.52(b); TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.07(a).

 

This requirement is continued and made FINAL.

 

REQUIRED RESPONSE

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board.  37 C.F.R. Section 2.64(a).  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. Section 2.65(a).

 

CLAIMED APPLICATIONS

The applicant’s claim of ownership of Application Serial Nos. 77620499, 75620497, and  75768275 will not be printed on any registration which may issue from this application.  If the claimed pending applications mature into registrations before this application, the applicant may then claim ownership by registration numbers.  37 C.F.R. §2.36; TMEP §812.

 

FEE INCREASE EFFECTIVE JANUARY 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

CONTACTING THE EXAMINING ATTORNEY

The examining attorney can be contacting at the following telephone numbers and fax numbers:

 

Home Office Phone Number (Monday – Friday):  410-867-9170 (If the examining attorney does not answer, the telephone will ring back to a voice mail system.  Voice mail messages are normally checked three times daily.)

 

DIRECT FAX:                                                                        703-746-6125

 

EMAIL ADDRESS:                                                amy.hella@uspto.gov

 

NOTE TO APPLICANTS:  The examining attorney’s email address should be used for informal questions and comments ONLY.  The email address ecom110@uspto.gov is used for formal responses to Office Actions ONLY.  DO NOT send questions or comments to the ecom110@uspto.gov email address.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

 

 

/Amy E. Hella/

Trademark Examining Attorney

Law Office 110

U.S. Patent and Trademark Office

 

 

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.