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  78/189224

 

This letter responds to the applicant's communication filed on January 28, 2004.

 

The applicant has 1) proposed an amendment to the identification of goods and 2) entered a claim of ownership for this application, not the registration previously cited.  No. 1 is acceptable.  For the reasons below, the requirement to claim the prior registration is maintained and made FINAL.

 

 

FINAL - CLAIM OF OWNERSHIP OF PRIOR REGISTRATION

 

If applicant is the owner of U.S. Registration No. 2679104, then applicant must submit a claim of ownership.  37 C.F.R. §2.36; TMEP §812.  The following standard format is suggested:

 

Applicant is the owner of U.S. Registration No. 2679104.

 

Please note that the Applicant’s claim of ownership of Application Serial No. 78189224, this application,  will not be printed on any registration which may issue from this application because only claims of ownership of pertinent live registrations are printed.  The applicant must delete this inappropriate claim of ownership in the pending application.

 

Accordingly, for the reasons stated above, the requirement to claim ownership of a prior registration is continued and made FINAL.

 

PLEASE NOTE:  Applicant is encouraged to telephone the trademark examining attorney to resolve the issues raised above.

 

 

RESPONSE GUIDELINES

 

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final action by: 

 

(1)   submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or

(2)   filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

Electronic Responses

 

Applicant may respond to this Office action using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>.  When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces processing time and eliminates the possibility of data entry errors by the Office.  Applicants are strongly encouraged to use TEAS to respond to Office actions.  Applicants using TEAS should not submit a duplicate paper copy of the response.

 

 

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.

 

 

 

 

 

/Sharon A. Meier/

___________________________________

Sharon A. Meier

Trademark Attorney, Law Office 116

703-306-7927 - w

703-746-8116 - f

 

 

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 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.

PRIOR REGISTRATION:

 

 

Mark
        WILD WEST
Goods and Services
        IC 042. US 100 101. G & S: REGISTRATION AND MONITORING OF DOMAIN NAMES FOR OTHERS FOR IDENTIFICATION OF USERS ON A GLOBAL COMPUTER NETWORK; HOSTING THE WEB SITES OF OTHERS ON A COMPUTER SERVER FOR A GLOBAL COMPUTER NETWORK. FIRST USE: 20020714. FIRST USE IN COMMERCE: 20020714
Mark Drawing Code
        (1) TYPED DRAWING
Serial Number
        78097284
Filing Date
        December 7, 2001
Current Filing Basis
        1A
Original Filing Basis
        1B
Publication for Opposition Date
        July 2, 2002
Registration Number
        2679104
Registration Date
        January 21, 2003
Owner Name and Address
        (REGISTRANT) Wild West Domains, Inc. CORPORATION ARIZONA 14455 N. Hayden Road, Suite 219 Scottsdale ARIZONA 85260
Type of Mark
        SERVICE MARK
Register
        PRINCIPAL
Live Dead Indicator
        LIVE
Attorney of Record
        James C. Nemmers