To: | Univex Corporation (fmarx@hembar.com) |
Subject: | TRADEMARK APPLICATION NO. 78703237 - UNIVEX - 1393-1 |
Sent: | 11/6/2006 1:11:11 PM |
Sent As: | ECOM117@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/703237
APPLICANT: Univex Corporation
|
|
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
|
MARK: UNIVEX
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 1393-1
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.
|
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 78/703237
Registration was refused based on requirements that 1) applicant either delete the claim of acquired distinctiveness or explain why it is necessary and 2) provide an acceptable identification of goods. Applicant amended the identification of goods and again provided a claim of ownership of a prior registration. These amendments are accepted.
However, applicant has not addressed the issue regarding the claims of distinctiveness. The requirement that applicant either delete the claims of acquired distinctiveness or explain why a claim is necessary is now made FINAL. 37 C.F.R. §2.64(a).
Distinctiveness Claims
Applicant must either delete the statements of acquired distinctiveness from the application or explain why it believes that a claim of distinctiveness is necessary. In this regard, the mark appears to be inherently distinctive. Trademark Act Section 2(f), 15 U.S.C. §1052(f); TMEP §1212.02(d). A claim of distinctiveness is not needed in this case.
This requirement is made FINAL.
If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
If applicant has any questions, please do not hesitate to contact the undersigned.
/Maureen Dall/
Maureen L. Dall
Trademark Attorney, Law Office 117
United States Patent and Trademark Office
Phone: 571-272-9714
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.