To: | Epic Games, Inc. (jandrews@hunton.com) |
Subject: | TRADEMARK APPLICATION NO. 78217439 - UNREAL - 49765.000003 |
Sent: | 1/8/04 2:09:58 PM |
Sent As: | ECom106 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/217439
APPLICANT: Epic Games, Inc.
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CORRESPONDENT ADDRESS: William P. Andrews, Jr. Hunton & Williams Post Office Box 109 Raleigh NC USA 27606
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: UNREAL
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CORRESPONDENT’S REFERENCE/DOCKET NO: 49765.000003
CORRESPONDENT EMAIL ADDRESS: jandrews@hunton.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 78/217439
This letter responds to the applicant's communication filed on October 28, 2003. The claim of ownership of prior registrations, and the description of the mark are acceptable. The substitute drawing is unacceptable. The requirement for submission of an acceptable drawing is made FINAL.
The substitute drawing is not acceptable because it is a copy which will not reproduce satisfactorily. The edges of the letters are jagged and there is a haze of faint stippling dots surrounding and providing the background for all elements of the mark. The requirement for submission of an acceptable drawing showing the mark clearly and conforming to 37 C.F.R. §2.52. TMEP §807.07(a), is made FINAL.
The requirements for a special-form drawing are as follows:
· The drawing must appear in black and white if color is not claimed as a feature of the mark, or in color if color is claimed as a feature of the mark.
· Drawings must be typed or made with a pen or by a process that will provide high definition when copied. A photolithographic, printer’s proof copy, or other high quality reproduction of the mark may be used. All lines must be clean, sharp and solid, and must not be fine or crowded.
· The image must be no larger than 3.15 inches (8 cm) high by 3.15 inches (8cm) wide.
· If reduction of the mark to the required size renders any details illegible, then applicant may insert a statement in the application to describe the mark and these details.
37 C.F.R. §§2.52(b); See TMEP §§807.01(b) and 807.07(a).
If submitted on paper, the Office prefers that the drawing be depicted on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm. wide and 27.9 to 29.7 cm. long). One of the shorter sides of the sheet should be regarded as its top edge. In addition, the drawing should include the caption “DRAWING PAGE” at the top of the drawing beginning one-inch (2.5 cm) from the top edge. 37 C.F.R. §2.54.
The Office strictly enforces these drawing requirements.
Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. §2.64(a). If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
Barbara A. Gold
/Barbara A. Gold/
Examining Attorney
Law Office 106
703/ 308-9106 (140)
703/ 683-8547 (home office)
ecom106@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.