UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 79/064585
MARK: PHILIPS
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Koninklijke Philips Electronics N.V.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
INTERNATIONAL REGISTRATION NO. 0991346.
This is a PROVISIONAL FULL REFUSAL of the trademark and/or service mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c).
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL:
Applicant may respond directly to this provisional refusal Office action, or applicant’s attorney may respond on applicant’s behalf. However, the only attorneys who can practice before the USPTO in trademark matters are as follows:
(1) Attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other federal territories and possessions of the United States; and
(2) Canadian agents/attorneys whorepresent applicants residing in Canada and who have received reciprocal recognition by the USPTO under 37 C.F.R. §11.14(c).
37 C.F.R. §§11.1, 11.14; TMEP §602.
Foreign attorneys are not permitted to practice before the USPTO, other than properly authorized Canadian attorneys. TMEP §602.06(b). Filing written communications, authorizing an amendment to an application, or submitting legal arguments in response to a requirement or refusal constitutes representation of a party in a trademark matter. A response signed by an unauthorized foreign attorney is considered an incomplete response. See TMEP §§602.03, 712.03.
THE APPLICATION HAS BEEN PROVISIONALLY REFUSED AS FOLLOWS:
Section 2(d) Refusal—Likelihood of Confusion
THIS REFUSAL APPLIES TO CLASSES 16, 20, 36 AND 37 ONLY:
In this case, the following factors are the most relevant: similarity of the marks, similarity of the goods and services, and similarity of trade channels of the goods and services. See In re Opus One, Inc., 60 USPQ2d 1812 (TTAB 2001); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593 (TTAB 1999); In re Azteca Rest. Enters., Inc., 50 USPQ2d 1209 (TTAB 1999); TMEP §§1207.01 et seq.
Applicant’s mark, “PHILIPS,” is highly similar to the registrants’ marks, “PHILLIPS,” in appearance, sound and commercial impression. The only thing distinguishing applicant’s mark from the registrants’ is that applicant’s mark is spelled with one “L,” while the registrants’ marks are spelled with two “L”s. However, the marks look similar, sound identical, and create identical commercial impressions since both “PHILIPS” and the alternate spelling “PHILLIPS” are well known surnames.
The examining attorney also notes that two of the registrations, Nos. 2227542 and 2694758, are typed drawings. A mark in typed or standard characters may be displayed in any lettering style; the rights reside in the wording or other literal element itself and not in any particular display. TMEP §1207.01(c)(iii); see 37 C.F.R. §2.52(a). Thus, a mark presented in stylized characters or otherwise in special form will not generally avoid likelihood of confusion with a mark in typed or standard characters because the marks could be presented in the same manner of display. See, e.g., In re Melville Corp., 18 USPQ2d 1386, 1387-88 (TTAB 1991); In re Pollio Dairy Prods. Corp., 8 USPQ2d 2012, 2015 (TTAB 1988).
In this case, consumers are unlikely to notice or remember the slight differences in spelling or stylization between the respective marks.
Furthermore, the goods and services are closely related. The applicant’s goods and services at issue include the following:
“Paper, cardboard, paper and cardboard articles not included in other classes; printed matter, newspapers, periodicals, books, catalogues, brochures, folders, posters, diaries; bookbinding material; photographs; stationery, writing material, propelling pencils, fountain pens; adhesive materials (stationery); artists' materials; paint brushes; typewriters and office requisites (other than furniture); letter openers; instructional and teaching material (other than apparatus); printers' type; cliches; parts of the aforesaid articles not included in other classes,” in International Class 16,
“Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid and substitutes for all these materials, or of plastics; plastic furniture mountings; plastic hinges and fastenings; cots,” in International Class 20,
“Insurance; financial affairs; monetary affairs; real estate affairs,” in International Class 36, and
“Building construction; repair; installation services,” in International Class 37.
The registrant’s good and services in Registration Nos. 2227542 and 2802219 include printed matter and publications such as books catalogs, periodicals, postcards, photographs, pictures brochures, stationery and the like, and financial valuation and appraisal services. Registration No. 2802219 also includes furniture and statues of wood, wax, plaster and plastic.
Registration No. 2694758 includes paper goods and furniture, particularly paper filing supplies and various types of paper such as writing paper, banner paper, calculator paper, etc., and furniture in the nature of general purpose plastic storage containers. This registration also includes repair services for photocopiers, facsimile machines, furniture, and other office requisites.
These goods and services are closely related because applicant’s broadly worded identifications “paper, cardboard, paper and cardboard articles,” “printed matter,” “furniture,” “articles of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid and substitutes for all these materials,” “financial affairs,” “monetary affairs,” and “repair” encompass all of the goods and services in the registrants’ more narrowly worded identifications in Classes 16, 20, 36 and 37.
When the application describes the goods and services broadly and there are no limitations as to their nature, type, channels of trade or classes of purchasers, then it is presumed that the application encompasses all goods and services of the type described, that they move in all normal channels of trade, and that they are available to all potential customers. See In re Melville Corp., 18 USPQ2d 1386, 1388 (TTAB 1991) (“With reference to the channels of trade, applicant’s argument that its goods are sold only in its own retail stores is not persuasive . . . . There is no restriction [in its identification of goods] as to the channels of trade in which the goods are sold.”); TMEP §1207.01(a)(iii). In this case, it is assumed that applicant is providing paper goods and printed materials, furniture, financial appraisal services, and repair services identical to those goods and services provided by the registrants.
Since the marks are so highly similar and the goods and services are so closely related, there is a strong likelihood that purchasers would confuse the sources of the goods and services or believe they stemmed from a single source. Accordingly, registration is properly refused under Section 2(d) of the Trademark Act due to a likelihood of confusion.
Applicant should note the following additional ground for refusal:
Section 2(e)(4) Surname Refusal
The following five factors are used to determine whether a mark is primarily merelya surname:
(1) Whether the surname is rare;
(2) Whether anyone connected with applicant uses the term as a surname;
(3) Whether the term has any recognized meaning other than as a surname;
(4) Whether the term has the structure and pronunciation of a surname; and
(5) Whether the term is sufficiently stylized to remove its primary significance from that of a surname.
In re Benthin Mgmt. GmbH, 37 USPQ2d 1332, 1333-34 (TTAB 1995); TMEP §1211.01.
Please see the evidence attached to the end of this letter from the Lexis/Nexis database, establishing the surname significance of the surname “PHILIPS.” This evidence lists the first one-hundred entries of a search which showed the applied-for mark appearing 2,442 times as a surname in a nationwide telephone directory of names. Attached is also a copy of the page from the MSN Encarta online dictionary wherein the word “PHILIPS” would appear if, indeed, it were a defined term. See Exhibit A. The absence of the term in the dictionary supports the finding that the term is primarily merely a surname. See TMEP §1211.02(b)(v).
Advisory: Section 2(f) Acquired Distinctiveness
Applicant may amend the application to seek registration on the Principal Register pursuant to Trademark Act Section 2(f) if applicant has used its mark for a significant period of time in commerce that may be lawfully regulated by the United States Congress. See 15 U.S.C. §1052(f); In re Etablissments Darty et Fils, 759 F.2d 15, 225 USPQ 652 (Fed. Cir. 1985); TMEP §1212.08. This use in commerce must be substantially exclusive and continuous for at least the five years prior to the date the amendment to Section 2(f) is requested. 15 U.S.C. §1052(f); TMEP §1212.05.
To amend the application to Section 2(f) based on five years’ use, applicant should provide information regarding the length of use of the mark in commerce and/or dates of use, and include the following written statement claiming acquired distinctiveness, if accurate:
The mark has become distinctive of the goods through applicant’s substantially exclusive and continuous use in a type of commerce that the U.S. Congress can regulate for at least the five years immediately before the date of this statement.
See TMEP §§1010, 1212.05(d). Applicant must verify this statement with an affidavit or signed declaration under 37 C.F.R. §§2.20, 2.33. 37 C.F.R. §2.41(b); TMEP §1212.05(d).
In establishing acquired distinctiveness, applicant may not rely on use other than use in commerce that may be regulated by the United States Congress. Use solely in a foreign country or between two foreign countries is not evidence of acquired distinctiveness in the United States. In re Rogers, 53 USPQ2d 1741 (TTAB 1999); TMEP §§1010, 1212.08.
Advisory: Application Cannot Be Amended to Supplemental Register
Applicant cannot overcome the refusal by amending the application to the Supplemental Register, because a mark in an application under §66(a) of the Trademark Act is not eligible for registration on the Supplemental Register. Trademark Act Section 68(a)(4), 15 U.S.C. §1141h(a)(4); 37 C.F.R. §§2.47(c) and 2.75(c); TMEP §§801.02(b), 815, 816.01 and 1904.02(c).
Applicant must also respond to the requirements set forth below:
Identification of Goods and Services
Much of the wording in the identification of goods and services is indefinite and must be clarified because it is unclear as to the exact nature of the goods or services. See TMEP §1402.01. Applicant may clarify this wording by amending the wording to specify the common commercial or generic name for the goods or services. If the goods or services have no common commercial or generic name, applicant must describe the nature of the goods and services as well as their main purpose, channels of trade, and the intended consumer(s). TMEP §1402.01.
The examining attorney has identified the problematic wording and has provided suggestions of acceptable wording below in bold typeface.
Therefore, applicant must remove the parentheses from the identification of goods and services and incorporate the parenthetical information into the description.
The examining attorney suggests, and applicant may adopt, any or all of the following identification of goods and services, if accurate:
“Bleaching preparations and other substances for laundry use, namely, [specify common commercial name of goods, e.g., laundry detergent, laundry sizing, etc.]; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; shaving lotions; cosmetics, including fragrances; perfumes; deodorants for personal use; sun creams; massage oils, not medical; hair wash soap; non-medicated cosmetic preparations, creams and lotions for the body, skin or hair; non-medicated toiletries; cosmetic balms, namely, [specify common commercial name of goods, e.g., after-shave balms, lip balm, etc.]; cosmetic lotions; shampoos; non-medicated talcum powder; liquid talcum powder; perfumery, namely, aromatic oils and essences; non-medicated bath salts, lotions, oils, essences, creams and sprays, for promoting sleep,” in International Class 3.
“Naturopathic and homeopathic substances and products, namely, [specify common commercial name of goods, e.g., homeopathic supplements, natural herbal supplements, etc.]; baby food; vitamin and mineral preparations, namely, supplements, included in this class; medical plasters, breast pads,” in International Class 5.
“Machines not included in other classes, namely, [specify common commercial name of goods, e.g., air suction machines, barking machines, etc.], machine tools, not being punches for manufacturing screws, bolts and rivets having recessed heads, namely, [specify common commercial name of goods, e.g., metalworking machine tools, thread milling cutters, etc.]; motors except for land vehicles, namely, [specify common commercial name of goods, e.g., boat motors, airplane motors, etc.]; machine couplings and belting except for land vehicles; large size agriculture implements, namely, [specify common commercial name of goods, e.g., incorporators, seed drills, etc.]; incubators for eggs; dynamos; generators, namely, [specify common commercial name of goods, e.g., DC generators, electric generators, etc.], filters and pumps not included in other classes, namely, [specify common commercial name of goods, e.g., air filters for mechanical purposes, bilge pumps, etc.]; tools for machinery, not being punches for manufacturing screws, bolts and rivets having recessed heads, namely, [specify common commercial name of goods, e.g., broaches, chasers, machine tools for removing waste material, etc.]; electric apparatus for domestic use not included in other classes, namely, [specify common commercial name of goods, e.g., electric chain saws, electric food choppers, etc.]; non electric welding apparatus, instruments and apparatus not included in other classes, namely, [specify common commercial name of goods, e.g., gas welding guns, laser welding machines, etc,]; structural parts of the said goods not included in other classes,” in International Class 7.
“Hand tools and instruments, not being drivers and bits for driving screws, bolts and rivets having recessed heads, namely, [specify common commercial name of goods, e.g., dies, drills, augers, etc.]; cutlery, namely, forks and spoons; sidearms, not including firearms, namely, [specify common commercial name of goods, e.g., swords, hunting knives, etc.]; razors, hair-clippers; structural parts of the aforesaid goods not included in other classes,” in International Class 8.
“Scientific, nautical, surveying, electronic, radiotelegraphic, photographic, cinematographic, optical, weighing, measuring, signalling, checking, life-saving and teaching devices, instruments, apparatus and articles, namely, [specify common commercial name of goods, e.g., cameras, computer hardware, electronic cables, etc.]; apparatus and instruments for conducting, switching, transforming, accumulating, regulating and controlling electricity, namely, [specify common commercial name of goods, e.g., electric connectors, electric contacts, electric capacitors, etc.]; coin or counter-fed apparatus, namely, [specify common commercial name of goods, e.g., coin-operated mechanisms for television sets, automatic vending machines, etc.]; cash registers; calculating machines; fire-extinguishing apparatus; computers; meteorological, physical, regulating, controlling, steering, protecting, research, navigation, telecommunication and welding devices, instruments, apparatus and articles not included in other classes, namely, [specify common commercial name of goods, e.g., electrical controllers, meteorological balloons, electric navigational instruments, etc.]; X-ray apparatus, tubes, installations and instruments for scientific and industrial purposes, namely, [specify common commercial name of goods, e.g., X-ray tubes, other than for medical purposes, exposed X-ray film, X-ray photographs, other than for medical purposes, etc.]; cleaning apparatus and instruments for video recorder heads and disc drives, namely, [specify common commercial name of goods, e.g., head cleaning tapes for video recorders, magnetic tape cleaners, etc.]; aerials and electrotechnical installation material for aerials, namely, [specify common commercial name of goods, e.g., aerial cables for heavy currents, radio controlled miniature aerial targets, etc.]; aerial amplifiers; transformers; signal splitters for electronic apparatuses; plugs, namely, [specify common commercial name of goods, e.g., electric plugs, adapter plugs, etc.]; electrical connection boxes; electric switches; electrical socket outlets; accumulators; electric wires and cables; electric apparatus and instruments for domestic use not included in other classes, namely, flat irons; electric dry cells; magnets and magnet cores; filters not included in other classes, namely, [specify common commercial name of goods, e.g., camera filters, computer screen filters, etc.]; electric cigar and cigarette lighters for cars; electron microscopes; ultraviolet and infrared irradiation apparatus, devices and instruments not included in other classes, namely, [specify common commercial name of goods, e.g., radiation-measuring instruments, electronic sensors for measuring solar radiation, etc.]; electron tubes and semi-conductors; apparatus, devices, instruments and articles for recording, reproducing, transmitting and amplifying sound and/or images and/or other signals, namely, radios, televisions, and gramophone records featuring [indicate subject matter, e.g., music, lectures, etc.] and blank and pre-recorded [specify type of tapes, e.g., audio, video, etc.] tapes featuring [indicate subject matter, e.g., movies, music, etc.]; devices for temperature control not included in other classes, namely, [specify common commercial name of goods, e.g., thermostats, temperature switches and sensors for monitoring, controlling and switching hydraulic or pneumatic systems, etc.]; structural parts of the aforesaid goods not included in other classes; baby alarms, namely, [specify common commercial name of goods, e.g., personal security alarms, sound alarms, etc.]; baby weighing scales; baby monitors,” in International Class 9.
“Surgical, medical, dental and veterinary instruments and apparatus, namely, [specify common commercial name of goods, e.g., dental drills, medical instruments for cutting tissue, etc.], clothes, namely, [specify common commercial name of goods, e.g., medical gowns, patient examination gowns, etc.], lights and lamps for medical, curative, surgical, dental and veterinary use, namely, [specify common commercial name of goods, e.g., sensory light therapy units, medical examination lamps, etc.]; artificial limbs, eyes and teeth; electric blankets for medical use; ultraviolet and infrared irradiation apparatus, devices and instruments for medical use, namely, [specify common commercial name of goods, e.g., ultraviolet lamps for medical purposes, ultraviolet radiator units for therapeutic purposes, infrared radiator units for therapeutic purposes, etc.]; X-ray apparatus, tubes, installations and instruments for medical use, namely, [specify common commercial name of goods, e.g., X-ray diagnostic apparatus, X-ray CT scanners, etc.]; medical hearing instruments; structural parts of the aforesaid articles not included in other classes; feeding bottles; teats; pacifiers and teething rings; spoons for administering medicines; incubators for babies; breast pumps; nursing appliances for use in breast feeding, namely, breast shields and nipple protectors; thermometers for medical use; sterilizing units for medical purposes; condoms; structural parts for all the aforesaid goods,” in International Class 10.
“Installations, devices, apparatus, instruments and articles for lighting, heating, steam generating, cooking, refrigerating, freezing, drying, ventilating, water supply and sanitary purposes, namely, [specify common commercial name of goods, e.g., electric lighting fixtures, refrigerators, clothes dryers, etc.]; electric lamps; humidifying and dehumidifying installations, devices, apparatus, instruments and articles, namely, [specify common commercial name of goods, e.g., humidifiers, dehumidifiers, etc.]; apparatus, instruments, devices and articles for airconditioning and temperature control not included in other classes, namely, [specify common commercial name of goods, e.g., air conditioners, gas patio heaters, etc.]; electrical apparatus and instruments for domestic use not included in other classes, namely, toasters and hot water tanks; installations for liquefying gases, namely, [specify common commercial name of goods, e.g., gas injectors for disbursing solids and/or liquids for purification or sterilization purposes, etc.]; structural parts and accessories of the aforesaid goods not included in other classes; apparatus and devices for sterilizing, heating, lighting, cooking, refrigerating and drying, namely, [specify common commercial name of goods, e.g., electric stoves, water sterilizers, etc.] and sanitary installations, namely, [specify common commercial name of goods, e.g., steam rooms, toilets, etc.]; heaters and warmers for feeding bottles, foodstuffs, liquids and solids, namely, [specify common commercial name of goods, e.g., electric beverage heaters, aquarium heaters, butter warmers, etc.]; sterilizers, namely, [specify common commercial name of goods, e.g., water sterilizers, milk sterilizers, etc.]; structural parts for all the aforesaid goods; electric hot water bottles,” in International Class 11.
“Precious metals and their alloys; and goods in precious metals or coated therewith, namely, [specify common commercial name of goods, e.g., trophies, bracelets, jewel cases, etc.]; jewellery, precious stones; horological and chronometric instruments; rough and processed industrial diamonds; structural parts of the aforesaid articles not included in other classes; bracelets for babies and young children,” in International Class 14.
“Paper, namely, [specify common commercial name of goods, e.g., bond paper, calligraphy paper, stationery, etc.], cardboard, and paper and cardboard articles not included in other classes, namely, [specify common commercial name of goods, e.g., cardboard boxes, cardboard packaging, corrugated paper, filter paper, etc.]; printed matter, namely, newspapers, periodicals, books, catalogues, and brochures in the field of [indicate subject matter, e.g., gardening, plays, mathematics, etc.]; folders, posters, diaries; bookbinding material; photographs; stationery, writing material, namely, [specify common commercial name of goods, e.g., felt writing pens, pouches for writing instruments, etc.], propelling pencils, namely, automatic pencils, fountain pens; adhesive materials for stationery use; artists' materials, namely, [specify common commercial name of goods, e.g., molds for modeling clay, artists’ pastels, etc.]; paint brushes; typewriters and office requisites, namely, [specify common commercial name of goods, e.g., punches, staplers, etc.]; letter openers; printed instructional and teaching material in the field of [specify field or subject matter, e.g., instructional math, knitting, yoga, etc.]; printers' type; printing cliches; structural parts of the aforesaid articles not included in other classes,” in International Class 16.
“Leather and imitations of leather and articles made from these materials not included in other classes, namely, [specify common commercial name of goods, e.g., leather bags and wallets, briefcases, etc.]; skins and hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harnesses and saddlery; baby slings; baby harnesses; sacks and bags, namely, [specify common commercial name of goods, e.g., knap sacks, ruck sacks, messenger bags, etc.]; baby changing bags,” in International Class 18.
“Furniture, mirrors, picture frames; articles of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid and substitutes for all these materials, or of plastics, namely, [specify common commercial name of goods, e.g., furniture, picture frames, letter boxes, etc.]; plastic furniture mountings, namely, [specify common commercial name of goods, e.g., audio, video and computer wall and ceiling mounts, audio speaker mounts and mounting brackets with swiveling bases therefor, etc.]; plastic hinges and fastening anchors; cots,” in International Class 20.
“Small domestic utensils and containers not of precious metal or coated therewith, namely, [specify common commercial name of goods, e.g., strainers, sieves, containers for household use, etc.]; cups and drinking vessels adapted for feeding babies and children; pouring spouts for cups, adapted for feeding babies and children; cups for food; household containers for use in the sterilization of babies' feeding bottles and closures for such containers; combs; sponges not for surgical use, namely, [specify common commercial name of goods, e.g., bath sponges, scouring sponges, etc.]; bottles, sold empty, adapted for feeding babies; heat insulated containers for food or beverages; milk powder dispensers; heat insulated containers and carriers for baby food and beverages; brushes, namely, [specify common commercial name of goods, e.g., cosmetic brushes, bath crushes, dishwashing brushes, etc.] and tableware, namely, [specify common commercial name of goods, e.g., beverageware, dinnerware, etc.]; electric tooth brushes and clothes brushes; brush making materials; polishing and cleaning materials, namely, [specify common commercial name of goods, e.g., polishing cloths, cleaning sponges, etc.] and non-electric polishing and cleaning instruments, namely, [specify common commercial name of goods, e.g., brooms, mops, etc.]; steelwool, unprocessed or partly processed glass not for building, namely, [Specify common commercial name of goods, e.g., ground plate glass, luminous glass, modified sheet glass, etc.], [specify common commercial name of goods, e.g., statues, works of art, drawer pulls, etc.] made of glassware, porcelain and earthenware; vacuum flasks; structural parts of the aforesaid articles not included in other classes,” in International Class 21.
“Clothing, namely, [specify common commercial name of goods, e.g., pants, shirts, socks, etc.]; footwear; headgear, namely, [specify common commercial name of goods, e.g., hats, caps, visors, etc.], bibs not of paper,” in International Class 25.
“Games and toys, namely, [specify common commercial name of goods, e.g., board games, toy figures, stuffed toy bears, etc.],” in International Class 28.
“Advertising; business management; business administration; providing office functions,” in International Class 35.
“Insurance services, namely, [specify common commercial name of services, e.g., insurance brokerage, insurance consultancy, insurance agencies, etc.]; financial affairs, namely, [specify common commercial name of services, e.g., financial analyses, financial asset management, financing, etc.]; monetary affairs, namely, [specify common commercial name of services, e.g., monetary exchange, acquisition and transfer of monetary claims, monetary strategy consultation and research, etc.]; real estate affairs, namely, [specify common commercial name of services, e.g., appraisal of real estate, real estate brokerage, leasing of real estate, etc.],” in International Class 36.
“Building construction; repair of [specify goods being repaired e.g., cameras, clothing, aircraft, etc.]; installation services for [specify goods being installed, e.g., computer hardware, security systems, machinery,” in International Class 37.
“Telecommunications, namely, [specify common commercial name of services, e.g., audio teleconferencing, telecommunication access services, personal communications services, etc.],” in International Class 38.
“Education, namely, [specify common commercial name of services, e.g., computer education training, education research, teaching at junior high schools, etc.]; providing of training in the field of [specify field or subject matter, e.g., cooking, automobile repair, etc.]; entertainment, namely, [specify common commercial name of services, e.g., magic shows, orchestra performances, etc.]; organizing community sporting and cultural activities,” in International Class 41.
“Scientific and technological services, namely, [specify common commercial name of services, e.g., engineering, computer programming, pharmaceutical drug development services, etc.] and research and design services relating thereto, namely, [specify common commercial name of services, e.g., computer software design, product research and development, etc.]; industrial analysis and research services, namely, [specify common commercial name of services, e.g., industrial research in the field of {indicate field or goods that are the subject of research, e.g., airplanes, pharmaceutical production, etc.}]; design and development of computer hardware and software,” in International Class 42.
“Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture services, namely, [specify common commercial name of services, e.g., agricultural advice, contract farming for others, leasing of agricultural equipment, etc.], horticulture services, and forestry services, namely, [specify common commercial name of services, e.g., garden tree planting, tree surgery, pest control services for forestry purposes, etc.],” in International Class 44.
The identification of services in International Class 45 is acceptable as written.
TMEP §1402.01.
For assistance with identifying and classifying goods and services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Ownership of Prior Registrations
If applicant is the owner of U.S. Registration Nos. 0681200, 0706721, 0838406 and others, then applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. Please see the attached registrations. The following standard format is suggested:
Applicant is the owner of U.S. Registration Nos. 0681200, 0706721, 0838406 and others.
/Allison P. Schrody/
Examining Attorney
Law Office 115
(571) 272-5893
(571) 273-9115 (fax)
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.
LEXIS/NEXIS EVIDENCE
108B8C
Print Request: Selected Items: 1-100
Time of Request: Tuesday, February 10, 2009 14:59:07 EST
Number of Lines: 302
Print Number: 1841:139595209
Client ID/Project Name:
Note:
Research Information:
Surname Search
last-name(Philips) maxresults(500)
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Total number found: 2442 |
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No. |
Name |
Address |
Phone |
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1. |
PHILIPS |
81 PENNELS DR ROCHESTER, NY 14626-4923 |
585-227-1257 |
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2. |
PHILIPS, A S |
14 ARL CAMBRIDGE, MA 02140 |
617-864-3794 |
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3. |
PHILIPS, A HENRY |
3730 CADBURY CIR APT 625 VENICE, FL 34293-2207 |
941-408-2625 |
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4. |
PHILIPS, A H |
2010 ELKA LN APT 3 MADISON, WI 53704-3472 |
608-242-9234 |
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5. |
PHILIPS, A |
6635 HATCHERY RD WATERFORD, MI 48327-1127 |
248-666-4797 |
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6. |
PHILIPS, A |
165C HERITAGE HLS SOMERS, NY 10589-1115 |
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7. |
PHILIPS, A |
33 HICKORY LN AMHERST, MA 01002-2808 |
413-253-0571 |
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8. |
PHILIPS, A |
2414 KINGS HWY BROOKLYN, NY 11229-1610 |
718-951-9817 |
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9. |
PHILIPS, A |
LAWLOR OAKLAND, CA 94605 |
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10. |
PHILIPS, A |
4388 LAZY CREEK DR TYLER, TX 75707-1554 |
903-565-4246 |
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11. |
PHILIPS, A L |
116 MILFORD CT CARY, NC 27511-3196 |
919-467-6637 |
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12. |
PHILIPS, A |
5200 MONTGOMERY ST SPRINGFIELD, VA 22151-3741 |
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13. |
PHILIPS, A |
1412 SIERRA ALTA DR TUSTIN, CA 92780-2838 |
714-838-7280 |
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14. |
PHILIPS, A R |
4949 VICTORIA DR ALEXANDRIA, LA 71303-4045 |
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15. |
PHILIPS, A |
213 WALNUT HILL LN HAVERTOWN, PA 19083-2811 |
610-449-9239 |
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16. |
PHILIPS, A |
BELMONT, MA 02478 |
617-484-5223 |
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17. |
PHILIPS, A |
DETROIT, MI 48201 |
313-833-5583 |
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18. |
PHILIPS, A |
FERRIDAY, LA 71334 |
318-757-3280 |
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19. |
PHILIPS, A |
HUNTINGTN BCH, CA 92646 |
714-536-2177 |
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20. |
PHILIPS, A |
SAN DIEGO, CA 92126 |
858-689-1431 |
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21. |
PHILIPS, AARON |
1008 1ST ST JACKSON, MI 49203-3031 |
517-962-2426 |
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22. |
PHILIPS, AARON |
2894 ARDOCH AVE HENDERSON, NV 89044-1545 |
702-489-5735 |
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23. |
PHILIPS, ABBEY |
4602 WOOLWORTH ST HOUSTON, TX 77026-3145 |
713-675-6263 |
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24. |
PHILIPS, ABBY |
321 BRIGHTWOOD AVE WESTFIELD, NJ 07090-4358 |
908-228-2942 |
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25. |
PHILIPS JR, ABE L |
4160 CARMEL DR N MOBILE, AL 36608-2405 |
251-342-8579 |
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26. |
PHILIPS, ABRAHAM |
2 DIVISION AVE SPRING VALLEY, NY 10977-5760 |
845-425-0163 |
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27. |
PHILIPS, ABRAHAM |
775 EDMANDS RD FRAMINGHAM, MA 01701-3012 |
508-405-4150 |
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28. |
PHILIPS, ABRAHAM |
12625 MEMORIAL DR HOUSTON, TX 77024-4889 |
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29. |
PHILIPS, ADAM |
OXNARD, CA 93035 |
805-815-4257 |
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30. |
PHILIPS, ADENA |
180 W 93RD ST NEW YORK, NY 10025-7564 |
212-933-1709 |
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31. |
PHILIPS, AJ |
1708 CONCORD AVE SANTA MARIA, CA 93454-1510 |
805-928-3450 |
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32. |
PHILIPS, AJU |
STEVENSON RNH, CA 91381 |
661-200-3570 |
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33. |
PHILIPS, AL |
1220 W OSTEND ST BALTIMORE, MD 21230-1815 |
443-708-7178 |
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34. |
PHILIPS, AL |
1228 WALTHAM ST METAIRIE, LA 70001-3812 |
504-838-6138 |
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35. |
PHILIPS, ALAN |
13912 CREELY DR SW HUNTSVILLE, AL 35803-2519 |
256-882-6188 |
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36. |
PHILIPS, ALBEN |
163 HICKS ST BROOKLYN, NY 11201-2304 |
718-852-2619 |
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37. |
PHILIPS, ALBERT |
110 GREENWOOD ST MILNER, GA 30257-3444 |
770-358-4384 |
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38. |
PHILIPS, ALBERT J |
301 MUSTANG TRL CELINA, TX 75009-4623 |
214-851-0010 |
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39. |
PHILIPS, ALBERT |
5998 WAGGONER CT REX, GA 30273-5205 |
770-507-2797 |
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40. |
PHILIPS, ALBERT |
SILVERHILL, AL 36576 |
251-947-5619 |
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41. |
PHILIPS, ALBERTA |
1000 QUAYSIDE TER MIAMI, FL 33138-2243 |
305-891-5490 |
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42. |
PHILIPS, ALEX |
110 7TH ST APT 406 RACINE, WI 53403-1261 |
262-619-3217 |
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43. |
PHILIPS, ALEX |
1333 BURNSIDE AVE APT A3 EAST HARTFORD, CT 06108-1517 |
860-290-1779 |
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44. |
PHILIPS, ALEX |
5 PINEWOOD LN CUMBERLAND, RI 02864-4224 |
401-333-1407 |
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45. |
PHILIPS, ALEX |
29510 RAESTONE ST SPRING, TX 77386-2451 |
281-288-7266 |
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46. |
PHILIPS, ALEX |
TUSTIN, CA 92780 |
949-769-6855 |
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47. |
PHILIPS, ALEXA |
4121 SW 185TH AVE MIRAMAR, FL 33029-2778 |
954-367-3361 |
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48. |
PHILIPS, ALEXANDER |
742 DON TAB WAY PLANT CITY, FL 33565-9273 |
813-752-0120 |
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49. |
PHILIPS, ALFRED |
14408 HAZELTINE CT ORLANDO, FL 32826-5024 |
407-273-9717 |
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50. |
PHILIPS, ALFRED R |
345 MANSFIELD ST SPRINGFIELD, OR 97477-1441 |
541-747-2071 |
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51. |
PHILIPS, ALICE |
1414 EDGEWOOD AVE SHELTON, WA 98584-3207 |
360-426-6362 |
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52. |
PHILIPS, ALICE |
5433 HILDEBRAND CT COLUMBIA, MD 21044-1919 |
410-730-2481 |
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53. |
PHILIPS, ALICE |
8046 E MONTE AVE MESA, AZ 85209-5257 |
480-357-7291 |
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54. |
PHILIPS, ALICE |
213 ROPE WALK CT MORRISVILLE, NC 27560-5550 |
919-467-7752 |
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55. |
PHILIPS, ALICE |
TOWSON, MD 21252 |
410-377-8240 |
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56. |
PHILIPS, ALICIA |
3700 KEITH VALLEY RD NE COHUTTA, GA 30710 |
706-694-3273 |
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57. |
PHILIPS, ALICIA |
DOVER, NH 03820 |
603-749-1056 |
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58. |
PHILIPS, ALIN |
115 E 87TH ST NEW YORK, NY 10128-1136 |
646-719-1472 |
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59. |
PHILIPS, ALISHA |
CLINCHPORT, VA 24244 |
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60. |
PHILIPS, ALISHIA |
1639 MITCHELL ST BAINBRIDGE, GA 39819-4867 |
229-515-5188 |
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61. |
PHILIPS, ALISON |
1333 BEECHCREEK RD LEXINGTON, SC 29072-9006 |
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62. |
PHILIPS, ALISON |
960 HOPE ST APT 3F STAMFORD, CT 06907-2212 |
203-359-8519 |
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63. |
PHILIPS, ALLEN |
BAINBRIDGE IS, WA 98110 |
206-842-4600 |
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64. |
PHILIPS, ALMA |
873 LENOX RD BROOKLYN, NY 11203-2546 |
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65. |
PHILIPS, ALVIN |
161 UDSTAD LN PORT SULPHUR, LA 70083-2530 |
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66. |
PHILIPS, AMAAL |
2933 SIMCOE DR FORT WAYNE, IN 46815-7018 |
260-484-4264 |
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67. |
PHILIPS, AMANDA |
39138 MCQUEEN RD PEARL RIVER, LA 70452-3625 |
985-250-9331 |
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68. |
PHILIPS, AMANDA |
RR 1 GLENMOORE, PA 19343 |
610-458-8378 |
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69. |
PHILIPS, AMANDA |
9246 STONE CANYON RD CORONA, CA 92883-5098 |
951-277-8039 |
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70. |
PHILIPS, AMIE |
1695 BLAKE DR CHRISTIANSBRG, VA 24073-2729 |
540-382-1202 |
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71. |
PHILIPS, AMIE |
1695 BLAKE DR CHRISTIANSBRG, VA 24073-2729 |
540-382-1202 |
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72. |
PHILIPS, AMY |
162 BUTTERNUT RD SOMERSET, MA 02726-1511 |
508-676-9533 |
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73. |
PHILIPS, AMY |
22 COMSTOCK RD BALDWINSVILLE, NY 13027-9348 |
315-303-4991 |
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74. |
PHILIPS, AMY |
1913 EGGER AVE ROUND ROCK, TX 78664-2251 |
512-344-9844 |
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75. |
PHILIPS, AMY |
3402 FOREST LAWN AVE OMAHA, NE 68112-2317 |
402-457-4549 |
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76. |
PHILIPS, AMY |
1116 SHERMAN ST VALLEJO, CA 94591-5516 |
707-731-1072 |
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77. |
PHILIPS, AMY |
1812 STEGMAN AVE MCKEESPORT, PA 15133-3234 |
412-664-0419 |
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78. |
PHILIPS, ANCY |
13446 LINCOLNSHIRE LN FRISCO, TX 75035-0009 |
214-504-0298 |
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79. |
PHILIPS, ANDRE |
361 LIVONIA AVE BROOKLYN, NY 11212-7244 |
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80. |
PHILIPS, ANDREA |
15026 40TH AVE W LYNNWOOD, WA 98087-8952 |
425-745-3521 |
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81. |
PHILIPS, ANDREA |
65 S BRICK LN ELVERSON, PA 19520-9229 |
610-913-0799 |
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82. |
PHILIPS, ANDREA M |
2627 W LAPHAM ST MILWAUKEE, WI 53204-2559 |
414-645-2047 |
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83. |
PHILIPS, ANDREA |
15935 MAY RD DALLAS, OR 97338-9368 |
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84. |
PHILIPS, ANDREA |
TAHOE CITY, CA 96145 |
530-581-4076 |
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85. |
PHILIPS, ANDREW |
3447 BALFOUR DURHAM, NC 27701 |
919-425-5675 |
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86. |
PHILIPS, ANDREW |
65 S BRICK LN ELVERSON, PA 19520-9229 |
610-913-0799 |
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87. |
PHILIPS, ANDREW |
770 BURGANDY CIR KNG OF PRUSSA, PA 19406-3756 |
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88. |
PHILIPS JR, ANDREW |
1350 FAIRPLAIN DR BENTON HARBOR, MI 49022-2471 |
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89. |
PHILIPS, ANDREW |
41078 GREYSTONE BLVD PLYMOUTH, MI 48170-6145 |
734-454-4021 |
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90. |
PHILIPS, ANDREW |
73430 H RD LOOMIS, NE 68958-5801 |
308-876-2576 |
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91. |
PHILIPS, ANDY |
6400 BRADLEY PARK DR COLUMBUS, GA 31904-3615 |
706-324-2415 |
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92. |
PHILIPS, ANDY |
2719 SILVER DR BAKERSFIELD, CA 93306-1041 |
661-871-6650 |
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93. |
PHILIPS, ANDY |
SAN FRANCISCO, CA 94109 |
415-292-6970 |
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94. |
PHILIPS, ANGELA |
20382 N 66TH DR GLENDALE, AZ 85308-6629 |
623-572-8221 |
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95. |
PHILIPS, ANGELA |
1188 CRESTBROOK LN SW MABLETON, GA 30126-1578 |
678-402-6840 |
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96. |
PHILIPS, ANGELA |
WARD RD NETTIE, WV 26681 |
304-872-2330 |
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97. |
PHILIPS, ANITA |
NEWARK, OH 43056 |
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98. |
PHILIPS, ANN |
DRY OAK DR SAN JOSE, CA 95120 |
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99. |
PHILIPS, ANN |
6636 GRETCHEN LN DALLAS, TX 75252-5489 |
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100. |
PHILIPS, ANN |
403 MCCAULEY ST WASHINGTN GRV, MD 20880 |
301-963-5781 |
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LexisNexis, a division of Reed Elsevier
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Search: |
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Date/Time: |
Tuesday, February 10, 2009 2:58 PM |
Copyright 2008 LexisNexis, a division of Reed Elsevier Inc. All Rights Reserved.
108B8C
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Time of Request: Tuesday, February 10, 2009 14:59:07 EST
Print Number: 1841:139595209
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