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  78/235212

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Search Results

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.  However, the applicant must address the following issues and informailities in the prescribed six-month response period in order to avoid abandonment.

 

Certificate Required

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).

 

Application as Filed Would Result in Duplicate Registration

Registration is presently refused because allowing registration of the current mark would result in duplicate registrations being issued by the Trademark Office.  The Office will not issue two or more identical registrations.  When an application is a duplicate of a registration owned by the applicant, and Office records show that the registration is still active, the examining attorney must refuse registration.  In this case, the present application is identical to Reg. No. 2050247.  See the attached copy of the registration.

 

Note, if the registration is subject to cancellation for failure to file an affidavit of continued use or excusable nonuse under 15 U.S.C. §1058, or due to expire for failure to file a renewal application under 15 U.S.C. §1059, the applicant should notify the examining attorney and he will suspend the application until the TRAM system (i.e., the Office’s computerized tracking system) is updated to show that the registration is cancelled or expired.  See TMEP §1611 for information about how a registrant who has not timely filed a §8 affidavit or renewal application may expedite the cancellation or expiration of its own registration.  TMEP §703.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

 

 

/Jeffery C. Coward/

Trademark Examining Attorney

Law Office 106

Phone: (703) 308-9106 ext. 133

Fax: (703) 746-8106

 

 

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

 

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