UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY ACTION

 

OFFICE 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. Section 1052(d).  TMEP section 704.02.   

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.   This case will be given priority as an amended case if you respond to the requirements stated below within two months. 

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

 

Serial Number 78/194921

 

EXAMINER'S AMENDMENT

 

In accordance with the authorization granted by Irwin Alter on March 25, 2003, the application has been AMENDED as indicated below.  If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  Please advise the undersigned if there is an objection to the amendment.   

 

 

CLAIM OF OWNERSHIP

 

The applicant is the owner of U.S. Registration No. 2315411, 2315412, and 2409188.  See attached.

 

 

DISCLAIMER

 

No claim is made to the exclusive right to use COMMODITIES, LLC apart from the mark as shown.

 

 

 

PRIORITY ACTION

 

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

 

NEW DRAWING REQUIRED

 

The drawing is not acceptable because it is a photocopy which will not reproduce satisfactorily. The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. Section 2.52.  TMEP section 807.05.

 

 

Special Form Drawing Requirements

 

The requirements for a special‑form drawing, in addition to the heading, are as follows.

 

            (1) The drawing must appear in black and white; no color is permitted.

 

            (2)  Every line and letter must be black and clear.

 

            (3)  The use of gray to indicate shading is unacceptable.

 

            (4)  The lining must not be too fine or too close together.

 

            (5)  The preferred size of the area in which the mark is displayed is 2 1/2 inches (6.1 cm.) high and 2 1/2 inches (6.1 cm.) wide.  In no case may it be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.

 

            (6)  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. Sections 2.51 and 2.52; TMEP section 807.05.  The Office will enforce these drawing

 

 

 

 

requirements strictly.  TMEP section 807.  In this case, the mark includes significant amounts of gray and stippling and does not reproduce well.

 

 

 

 

/Bridgett G. Smith/

Examining Attorney

Law Office 115

(703) 308-9115 x 217

(703) 872-9237 fax

 

 

 

 

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