Examiners Amendment

AES

Pennsylvania Higher Education Assistance Agency (PHEAA), an agency of the Commonwealth of Pennsylvania

TRADEMARK APPLICATION NO. 78941103 - AES - N/A

To: Pennsylvania Higher Education Assistance ETC. (sdowford@pheaa.org)
Subject: TRADEMARK APPLICATION NO. 78941103 - AES - N/A
Sent: 4/9/2007 3:46:33 PM
Sent As: ECOM110@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 78/941103

 

    APPLICANT:         Pennsylvania Higher Education Assistance ETC.

 

      

 

*78941103*         

 

    CORRESPONDENT ADDRESS:

SHEILA DOW-FORD

PHEAA LEGAL SERVICES DIVISION

LEGAL SERVICES DIVISION (HQ6)

1200 N. 7TH STREET

HARRISBURG, PA 17101

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."

    MARK:          AES

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   N/A

 

    CORRESPONDENT EMAIL ADDRESS: 

 sdowford@pheaa.org

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 email address.

 

 

Serial Number  78/941103

 

 

EXAMINER’S AMENDMENT

 

OFFICE RECORDS SEARCH:  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.

 

ADVISORY – AMENDMENTS TO GOODS/SERVICES:  If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).

 

AMENDMENT(S) AUTHORIZED:  As authorized by Geoffrey K. White on April 9, 2007, the application is amended as noted below.  If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately.  Otherwise, no response is necessary.  TMEP §707.

 

Specimen Information

The applicant’s specimen, a t-shirt, is a promotional item, that is handed out to potential consumers at college fairs that advertise the applicant’s services.


Withdrawal Of Concurrent Use Statement

The concurrent use statement is hereby withdrawn from the application.

 

Withdrawal Of Disclaimer

The applicant’s disclaimer of the blue box is hereby withdrawn.

 

Withdrawal of Claim Of Prior Registration

Applicant’s claim of ownership of U.S. Registration No. 2814735 is hereby withdrawn as the instant mark and the mark in the prior registration are different.  Only prior registrations for the same or similar marks are considered related registrations for purposes of an ownership claim.  37 C.F.R. §2.36; TMEP §812.

 

Description Of Color In Mark

The following statement describing color in the mark is added to the record:

 

The colors blue and white are claimed as a feature of the mark.  The color white appears in the lettering “aes” and in the design of  two curved bars, and the color blue appears in the box design.

 

37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(ii).

 

 

Applicant’s Telephone Number

Applicant’s in-house counsel includes Geoffrey K. White, whose telephone number is 717-720-3779.

 

 

/Andrea Koyner Nadelman/

Andrea Koyner Nadelman

Trademark Attorney

Law Office 110

(571) 272-9370

 

 

NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS:  In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant.  Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.gov.uspto.report/external/portal/tow.  The Office action will not be attached to the e-mail notice.  Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address.  TDR is available 24 hours a day, seven days a week, including holidays and weekends.  This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments.

 

 

 


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