| To: | Volume Services America, Inc. (kjeffers@jeffire.com) |
| Subject: | TRADEMARK APPLICATION NO. 78313276 - TOP DOG - N/A |
| Sent: | 5/23/05 1:03:07 PM |
| Sent As: | ECOM113@USPTO.GOV |
| Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 Attachment - 37 Attachment - 38 Attachment - 39 Attachment - 40 Attachment - 41 Attachment - 42 Attachment - 43 Attachment - 44 Attachment - 45 Attachment - 46 Attachment - 47 |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/313276
APPLICANT: Volume Services America, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: TOP DOG
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
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 78/313276
Applicant is requesting reconsideration of a final refusal dated September 30, 2004.
The applicant should note that the examining attorney has withdrawn the Refusal to Register under Trademark Act Section 2(d), 15 U.S.C. §1052(d) based on a likelihood of confusion with the mark in U.S. Registration No. 0796054. However, the Refusal to Register under Trademark Act Section 2(d), 15 U.S.C. §1052(d) based on a likelihood of confusion with the mark in U.S. Registration No. 1792053 is herein maintained. Furthermore, the applicant should note that the examining attorney has attached additional evidence illustrating the relatedness of concession stands, kiosks and restaurants. In particular, the examining attorney notes U.S. Reg. No. 2914967 in which the applicant uses the same mark for concession stands, kiosks and restaurants. (See attached)
Accordingly, applicant’s request for reconsideration is denied. The time for appeal runs from the date the final action was mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).
If the applicant has any questions regarding this Request for Reconsideration, please telephone the assigned examining attorney.
/Richard F. White/
Trademark Examining Attorney
Law Office 113
Telephone: (571) 272-9442
Fax: (571) 273-9113
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
Note:
In order to avoid size limitation constraints on large e-mail messages, this Office Action has been split into 5 smaller e-mail messages. The Office Action in its entirety consists of this message as well as the following attachments that you will receive in separate messages:
Email 1 includes the following 3 attachments
1. con1-1
2. con1-2
3. con1-3
Email 2 includes the following 6 attachments
1. con2-1
2. con2-2
3. con2-3
4. con3-1
5. con3-2
6. con3-3
Email 3 includes the following 10 attachments
1. con3-4
2. con3-5
3. con3-6
4. con3-7
5. con4
6. con5-1
7. con5-2
8. con6-1
9. con6-2
10. con6-3
Email 4 includes the following 8 attachments
1. kiosks1-1
2. kiosks1-2
3. kiosks2
4. con7-01
5. con7-02
6. con7-03
7. con7-04
8. con7-05
Email 5 includes the following 20 attachments
1. con7-06
2. con7-07
3. con7-08
4. con7-09
5. con7-10
6. kiosks4
7. 74287063P001OF001
8. 74378161P001OF002
9. 74378161P002OF002
10. 74445401P001OF002
11. 74445401P002OF002
12. 75420668P001OF003
13. 75420668P002OF003
14. 75420668P003OF003
15. 76490752P001OF003
16. 76490752P002OF003
17. 76490752P003OF003
18. 76533671P001OF003
19. 76533671P002OF003
20. 76533671P003OF003
Please ensure that you receive all of the aforementioned attachments, and if you do not, please contact the assigned-examining attorney.
