UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE: 11/12/2008

 

 

This letter responds to applicant’s communication filed on November 10, 2008.

 

The following requirements have been satisfied and are now withdrawn: 

 

• Identification of Goods
• Ownership of a Prior Registration

 

TMEP §714.04.

 

Applicant’s response raises the following issue:

 

Refusal to Register – Duplicate Registration/Application

 

Registration is refused on the basis that the subject application, as amended, is a duplicate of a registration (U.S. Reg. No. 3098364) owned by the applicant. TMEP §703. The USPTO will not issue two or more identical registrations.

 

Although the examining attorney has refused registration, the applicant may present arguments and evidence in support of registration, or may amend the identification of goods to avoid duplicating the registration.

 

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

The international classification of goods and/or services in applications filed under Trademark Act Section 66(a) cannot be changed from the classification given to the goods and/or services by the International Bureau in the corresponding international registration.  TMEP §§1401.03(d), 1904.02(b).

 

Express Abandonment

 

Applicant can expressly abandon this application online, using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html.  However, if applicant files an express abandonment on paper via regular mail, applicant may submit the following in a written notice:

 

Applicant hereby expressly abandons its application, Application Serial No. 79051384, pursuant to 37 C.F.R. §2.68.

 

_____________________________

(Signature)

_____________________________

(Print or Type Name and Position)

_____________________________

(Date)

 

Letters of express abandonment must be signed by the applicant or an attorney who is authorized to practice before the Office under 37 C.F.R. §10.14.  TMEP §718.01.  If an applicant has appointed an attorney, the attorney must sign the letter of express abandonment.  If an applicant is not represented by an authorized attorney, the letter of express abandonment must be signed by the applicant or someone with legal authority to bind the applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants).  Id. 

 

In addition, the proper signatory must personally sign or manually enter his/her electronic signature in the letter of express abandonment.  TMEP §605.02. 

 

Response

 

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.

 

 

 

 

 

/Laurie R. Kaufman/

Trademark Examining Attorney

Law Office 103

Phone: 571.272.8913

Fax: 571.273.8913

 

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

 

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response.  Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

 

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 11/12/2008 FOR

APPLICATION SERIAL NO. 79051384

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=79051384&doc_type=OOA&mail_date=20081112 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 11/12/2008.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.