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  78/165101

 

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

 

Response

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.

 

Search Results

 

Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), the examining attorney encloses information regarding pending Application Serial No. 76/381959.  37 C.F.R. §2.83. 

 

There may be a likelihood of confusion between the applicant’s mark and the mark in the above noted application under Section 2(d) of the Act.  The filing date of the referenced application precedes the applicant’s filing date.  If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).

 

Claim of Distinctiveness Should be Deleted or Explained

 

The applicant states that the mark has become distinctive.  This statement is unnecessary because the mark appears to be inherently distinctive. Trademark Act Section 2(f), 15 U.S.C. §1052(f); TMEP §1212.02(d).  The applicant must either delete the statement from the application or explain why a claim of distinctiveness is necessary.

 

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.

 

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

 

For your convenience, the Trademark Status Line (703) 305-8747 has been established for immediate case status inquiry.  This service is available Monday through Friday from 6:30 a.m. until Midnight Eastern time.

 

 

 

Cimmerian Coleman

/Cimmerian Coleman/

Examining Attorney

Law Office 102

(703) 308-9102 ext. 108

Fax: (703) 746-8102

ecom102@uspto.gov

 

Mark

        FORECAST BY WEATHERPROOF

Pseudo Mark

        FORE CAST BY WEATHER PROOF

Goods and Services

        IC 025. US 022 039. G & S: wearing apparel, namely, coats, jackets, sweat suits, sweatshirts, parkas, ponchos, sweaters, raincoats, shirts, vests

Mark Drawing Code

        (1) TYPED DRAWING

Serial Number

        76381959

Filing Date

        March 13, 2002

Filed ITU

        FILED AS ITU

Owner Name and Address

        (APPLICANT) DPI, Inc. CORPORATION NEW YORK 90 Spence Street Bay Shore NEW YORK 117069172

Prior Registration(s)

        1869676

Type of Mark

        TRADEMARK

Register

        PRINCIPAL

Live Dead Indicator

        LIVE

Attorney of Record

        Maureen C. Kassner

 

 

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.