To: | Colgate-Palmolive Company (amanda_samuel@colpal.com) |
Subject: | TRADEMARK APPLICATION NO. 78251360 - COLGATE 360° CLEAN - N/A |
Sent: | 12/10/03 11:39:53 AM |
Sent As: | ECom105 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/251360
APPLICANT: Colgate-Palmolive Company
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CORRESPONDENT ADDRESS: Amanda Samuel Colgate-Palmolive Company 300 Park Avenue New York, NY 10022
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom105@uspto.gov
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MARK: COLGATE 360° CLEAN
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: amanda_samuel@colpal.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 78/251360
The assigned trademark examining attorney has reviewed the referenced application filed on May 19, 2003, and has determined the following.
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Disclaimers
Applicant must disclaim the descriptive wording “CLEAN” apart from the mark as shown because it merely describes CLEAN describes the purpose of the toothbrushes which is to clean teeth. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).
The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer. TMEP §1213.08(a)(i). The following is the standard format used by the Office:
No claim is made to the exclusive right to use “CLEAN” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
Significance of Mark
Applicant must specify whether “360” has any significance in the hygienic or toothbrush trade or industry. 37 C.F.R. §2.61(b).
Fee Increase
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.
/Carol Spils/
Carol Spils
Examining Attorney
Law Office 105
(703)308-9105 ext. 154
ecom105@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.