To: | Ewald Weihing (gpelletier@cantorcolburn.com) |
Subject: | TRADEMARK APPLICATION NO. 78176602 - GMG - SWR-0068-T |
Sent: | 3/24/03 8:35:23 AM |
Sent As: | ECom116 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/176602
APPLICANT: Ewald Weihing
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CORRESPONDENT ADDRESS: George A. Pelletier, Jr. Cantor Colburn, LLP 55 Griffin Road South Bloomfield CT 06002
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom116@uspto.gov
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MARK: GMG
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CORRESPONDENT’S REFERENCE/DOCKET NO: SWR-0068-T
CORRESPONDENT EMAIL ADDRESS: gpelletier@cantorcolburn.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 78/176602
The assigned examining attorney has reviewed the referenced application and determined the following.
The identification of goods is unacceptable as indefinite. TMEP §1402.01. Additional clarifying wording is necessary. The applicant may adopt the following identification, if accurate:
Class 9
…Software programs recorded on machine-readable data carriers for (the applicant must describe the function of these programs)…
The rest of the identification in Class 9 is acceptable.
Class 16
Printing paper, cardboard boxes, in particular for printing with ink and laser printers; photographic paper; specialty paper and specialty cardboard for ink and laser printers, in particular color ink and color laser printer.
BASIS FOR FILING
An application under Trademark Act Section 44(e), 15 U.S.C. §1126(e), must include a copy of a foreign registration from the applicant’s country of origin. The applicant’s country of origin must either be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. See TMEP §§1002.01 and 1004.
The application does not contain a copy of the foreign registration. Therefore, the applicant must submit a true copy, a photocopy, a certification, or a certified copy of the foreign registration. If the foreign certificate of registration is not written in English, the applicant must provide an English translation. The translator should sign the translation. See TMEP §§1004.01 and 1004.01(b).
The applicant has filed relying on its claim of a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and on a foreign registration under Section 44(e), 15 U.S.C. §1126(e). The foreign registration alone may serve as the basis for obtaining a U.S. registration resulting from this application. The applicant must advise the examining attorney, however, if the applicant intends to rely solely on the foreign registration as the basis for registration.
Unless the applicant indicates otherwise, this Office will presume that the applicant wishes to rely on Section 1(b) as well as on Section 44(e) as the bases for registration. In this case, although the application may be approved for publication, the mark will not be registered until an acceptable allegation of use has been filed.
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. §1052(d). TMEP §704.02.
/LaVerne T. Thompson/
LaVerne T. Thompson
Trademark Attorney, Law Ofc. 116
(703) 306-7922
(703) 746-8116fax
FORMAL RESPONSES ecom116@uspto.gov
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 INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.