Offc Action Outgoing

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:

 

INTERNATIONAL REGISTRATION NO. 1003080

 

The non-distinctive configuration refusal is withdrawn.

 

The Trademark Office accepts color drawings which incorporate transparent areas.  However, such transparent areas must be depicted in black, white or gray tones.  The presence of purple in the present drawing necessitates that it be claimed as a feature of the mark.  Therefore, applicant must submit a new drawing which depicts the transparent area as black, white or gray. 

 

The general rule is the following:

 

If the owner claims any color in the mark, the color claim and color location statement in the registration must include all the colors in the mark, including black, white and gray.  See 37 C.F.R. §2.52(b)(1) and 2.173(f); cf. TMEP §§807.07 et seq.  If black, white and/or gray are not being used as color(s) in the mark, they should be omitted from the color claim and the owner must amend the color location statement to specify where the black, white and/or gray appear in the mark.  The owner must also state that they constitute background, outlining, shading or transparent areas, and are not part of the mark.

 

Further action awaits the applicant’s response.

 

 

 

 

/StevenFine/

Trademark Attorney

Law Office 110

(571) 272-9158

 

 

 

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.