To: | MEMX, Inc. (djaffer@pillsburywinthrop.com) |
Subject: | TRADEMARK APPLICATION NO. 78143232 - MEMX - 056636-029-3 |
Sent: | 1/15/03 1:07:29 PM |
Sent As: | ECom110 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/143232
APPLICANT: MEMX, Inc.
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CORRESPONDENT ADDRESS: DAVID H. JAFFER/REG. NO. 32,243 PILLSBURY WINTHROP LLP 2550 Hanover Street Palo Alto CA 94304-1115
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RETURN ADDRESS: Commissioner for Trademarks2900 Crystal DriveArlington, VA 22202-3513ecom110@uspto.gov
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MARK: MEMX
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CORRESPONDENT’S REFERENCE/DOCKET NO: 056636-029-3
CORRESPONDENT EMAIL ADDRESS: djaffer@pillsburywinthrop.com |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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EXAMINER’S AMENDMENT/PRIORITY ACTION
OFFICE SEARCH: The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 704.02.
TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. This case will be given priority as an amended case if you respond to the requirements stated below within two months.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 78/143232
In accordance with the authorization granted pursuant to TMEP Section 707.02, the application has been AMENDED as indicated below. No response is necessary unless there is an objection to the amendment. Any future amendments to the identification of goods or services must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e). Please advise the undersigned if there is an objection to the amendment.
The application is amended to classify the goods in International Class 9.
This case will be given priority as an amended case if you respond to the requirements stated below within two months.
The drawing is not acceptable because it will not reproduce satisfactorily. The quality is poor. The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. §2.52. TMEP §807.07(a).
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).
The lining shown in the drawing appears to be a feature of the mark and not intended to indicate color. The applicant must insert a statement to that effect. 37 C.F.R. §2.37; TMEP §807.09(e).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/thl/
Tarah K. Hardy Ludlow
Trademark Attorney
Law Office 110
(703) 308-9110, x. 223
(703) 746-8110 fax
ecom110@uspto.gov (for formal responses)
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.
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