UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/193535
APPLICANT: First Fiber,Inc.
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CORRESPONDENT ADDRESS: Susan F. Johnston Susan F. Johnston, Attorney at Law PO Box 4449 Johnson City TN USA 37602
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom113@uspto.gov |
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MARK: F2
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CORRESPONDENT’S REFERENCE/DOCKET NO: FIR11021
CORRESPONDENT EMAIL ADDRESS:
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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. |
Serial Number 78/193535
The assigned examining attorney has reviewed the application and determined the following.
• Registered marks.
The examining attorney has searched the Office records and has found no similar registered mark which bars registration under Trademark Act §2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The applicant should note the potentially-conflicting pending application.
• Conflicting pending application.
The examining attorney includes information regarding pending Application Serial No. 76465626 (see attachment hereto). The filing date of the referenced application precedes the applicant’s filing date. There may be a likelihood of confusion between the applicant’s mark and the earlier mark under Trademark Act §2(d), 15 U.S.C. §1052(d). If the referenced application matures into a registration, the examining attorney may refuse registration in this case under §2(d). 37 C.F.R. §2.83; TMEP §1208.01.
If the applicant believes that there is no potential conflict between its application and the earlier-filed application, the applicant may respond with arguments relevant to the issue. The election to file or not file such a response in no way limits the applicant’s right to address this issue at a later point.
Action on the instant application will be suspended pending the disposition of the aforementioned application, upon receipt of the applicant’s response to the following.
• Drawing.
The drawing is not acceptable because it will not reproduce satisfactorily (due to its gray shading). 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:
(a) The drawing must appear in black and white; no color is permitted.
(b) Every line and letter must be black and clear.
(c) The use of gray to indicate shading is unacceptable.
(d) The lining must not be too fine or too close together.
(e) The preferred size of the area in which the mark is displayed is 2½" (6.1 cm) high and 2½" (6.1 cm) wide. It should not be larger than 4" (10.3 cm) high or 4" (10.3 cm) wide.
(f) 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), 807.07(a). The Office enforces these requirements strictly.
The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½" (20.3 to 21.6 cm) wide and 11" (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 §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 §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).
• Responding to this Office Action.
To respond formally using the Office’s online Trademark Electronic Application System (TEAS), the applicant should use the “Form Wizard” at http://eteas.gov.uspto.report/V2.0/oa200/WIZARD.htm.
To respond formally via regular mail, the applicant should mail, to the Return Address listed above, correspondence bearing the serial number, law office, and examining attorney’s name on the upper right corner of each page.
To check the status of an application at any time, the applicant is strongly encouraged to visit the Office’s online Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov. For general and other useful information about trademarks, the applicant may visit the Office’s official Web site at http://www.gov.uspto.report/main/trademarks.htm. For inquiries or questions about this Office Action, the applicant should contact the assigned Examiner.
Notice of Fee Increase: Effective January 1, 2003, the fee for filing an application for trademark registration will be increased $10.00 to $335.00 per International Class. The USPTO will not accord a filing date to applications 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.
/J. Brendan Regan/
Examining Attorney, Law Office 113
(703) 308-9113x420 • brendan.regan@uspto.gov