UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/680794
APPLICANT: Britney Brands, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: FANTASY BRITNEY SPEARS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 10634.00001
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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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 78/680794
This letter responds to applicant’s communication filed on August 8, 2006.
The following requirements have been satisfied and are now withdrawn: (1) Requirement for a more definite identification of goods; and (2) Requirement for consent to use the name of a living individual. TMEP §714.04.
However, upon a supplemental search of the registry, a prior pending application was found that could be confused with this application. In addition, three prior registrations exist that appear to be owned by the applicant. As a result, applicant should review the following and claim the prior registrations, if applicable. The examining attorney apologizes for any inconvenience these new issues may create. Please see below.
Information regarding pending Application Serial No. 78264054 is enclosed. The filing date of the referenced application precedes applicant’s filing date. There may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. §1052(d). If the referenced application registers, registration may be refused in this case under Section 2(d). 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon entry of a response to this Office action, action on this case may be suspended pending final disposition of the earlier-filed application.
If applicant believes there is no potential conflict between this application and the earlier-filed application, then applicant may present arguments relevant to the issue in a response to this Office action. The election not to submit arguments at this time in no way limits applicant’s right to address this issue at a later point.
Claim of Claim of Prior Registrations
If applicant is the owner of U.S. Registration Nos. 2620427, 2302300 and 2491505, then applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:
Applicant is the owner of U.S. Registration Nos. 2620427, 2302300 and 2491505.
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.
/Katina S. Mister/
Katina S. Mister
Trademark Examining Attorney
571-272-8889
katina.mister@uspto.gov
Law Office 104
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.