| To: | CARROLL HALL SHELBY TRUST (EDSOKOLSKI@CS.COM) |
| Subject: | TRADEMARK APPLICATION NO. 78159706 - ELEANOR - 5209.1 |
| Sent: | 2/8/03 10:25:49 AM |
| Sent As: | ECom101 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/159706
APPLICANT: CARROLL HALL SHELBY TRUST
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CORRESPONDENT ADDRESS: EDWARD A. SOKOLSKI LAW OFFICE OF EDWARD A. SOKOLSKI 3868 CARSON STREET, SUITE 105 TORRANCE CA 90503
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom101@uspto.gov
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MARK: ELEANOR
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CORRESPONDENT’S REFERENCE/DOCKET NO: 5209.1
CORRESPONDENT EMAIL ADDRESS: EDSOKOLSKI@CS.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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Serial Number 78/159706
The assigned examining attorney has reviewed the referenced application and determined the following.
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. §1052(d). TMEP §704.02.
However, the applicant must amend its name as follows:
The Trustees of the Carroll Hall Shelby Trust, a Texas trust, the
trustees comprising (name trustees with their national citizenships).
TMEP section 802.03(e)(i).
Furthermore, the identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate:
Vehicles, namely, automobiles, engines for automobiles, and structural parts for automobiles, in Class 12.
TMEP §1402.01.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
This is not an exhaustive list of identifications. It is the applicant's duty and prerogative to identify the goods and services. TMEP Section 804.06. Please check our website for additional acceptable identifications of goods and services at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
Finally, if the name shown in the mark identifies a particular living individual, the applicant must submit a written consent from that individual, authorizing the applicant to register the name. If the name does not identify a living individual, the applicant should state so for the record. Trademark Act Section 2(c), 15 U.S.C. §1052(c); TMEP §§813 and 1206 et seq.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Linda M . King
Trademark Attorney
Law Office 101
703-308-9101, x148
Linda.King@uspto.gov
(for informal communications only)
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.