UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 79191365
MARK: COLORADO
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Reflex GmbH & Co. KG
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1308227
STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL FULL REFUSAL NOTIFICATION WITHIN 6 MONTHS OF THE “DATE ON WHICH THE NOTIFICATION WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS NOTIFICATION.
In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. To do so, enter the U.S. application serial number for this application and then select “Documents.” The Mailing Date used to calculate the response deadline for this provisional full refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
This is a PROVISIONAL FULL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional full refusal.
Search for Conflicting Marks
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Summary of Issues
Requirement -- Identification of Goods and Services
Applicant may adopt the following identification, if accurate (changes in bold):
“paper, cardboard; masking paper; letter paper in the nature
of finished products; computer paper; graph paper; thick Japanese paper in the nature of Hosho-gami; digital printing paper; printing paper;
India paper; stencil paper in the nature of mimeograph paper; carbonless copy paper; label paper; colorboard in the nature of colored paperboard; fiber
paper; facsimile transmission paper; fine paper; parchment paper; photocopy paper; glassine paper; paper containing mica; gummed paper; semi-processed paper; wood pulp paper; wood pulp paper
in the nature of stationery; carbonless copy paper; carbon paper; cardboard; lining paper; adhesive paper; carbon paper; laser printing paper; luminous paper; opaque paper;
imitation leather paper; stencil paper mimeograph paper; mulch paper; laminated paper; oilproof paper; parchment paper; electrocardiograph paper; photocopy paper; laser printing paper; paper for recording machines; industrial paper and cardboard; photocopy paper; paper for use in the manufacture
of wallpaper; paper for making bags and sacks; pasteboard; waxed paper; parchment paper; advertisement boards of paper or cardboard; postcard paper; reel paper for printers; calendered paper;
acid-resistant paper; signboards of paper or cardboard; typewriter paper; silver paper; synthetic paper; transparencies in the nature of stationery; recycled paper; semi-finished business card paper semi-finished; waxed paper; heat sensitive paper; heat transfer paper; waterproof paper; xerographic paper; magazine paper;
cellophane paper; onion skin paper; decoration and art materials and media, namely, <specify items by common commercial name>; fluorescent paper; stencil paper mimeograph paper; Japanese paper; calligraphy paper; crepe paper; art paper; papers for use in the graphic arts industry; craft paper; tracing cloth; rice paper;
stencil paper mimeograph paper; drawing paper; Xuan paper for Chinese painting and calligraphy; transfers in the nature of decalcomanias; sketch pads;
bags and articles for packaging, wrapping and storage of paper, cardboard or plastics, namely, <specify items by common commercial name, e.g., paper bags>; stationery and
educational supplies, namely, <specify items by common commercial name>; notepaper; writing paper; envelopes; envelope paper; office paper stationery; letterhead paper;
laminated paper; copying paper in the nature of stationery; envelope paper; tracing paper; envelope paper; glue for stationery or household use;
bookbinding material; stationery and educational supplies; binding materials for books and papers; bookbinding cloth; binding strips in the nature of
bookbinding materials; bookbinding material; bookbinding strips; fabrics for bookbinding; bookbinding strips,” in International Class 016;
“advertising services; business management; business
administration; providing office functions; wholesaling and retailing, including via the internet, wholesale store services, online
wholesale services, retail store services and online retail store services in the fields of paper, cardboard and goods made from these materials, decoration and art materials and media, printed
matter, bookbinding material, stationery and educational supplies; the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, enabling customers to
conveniently view and purchase those goods, namely, paper, cardboard, masking paper, letter paper finished products, computer paper, graph paper, thick Japanese paper in the nature
of Hosho-gami, digital printing paper, printing paper, India paper, stencil paper in the nature of mimeograph paper, carbonless copy paper, label paper, colorboard in the nature of colored paperboard, fiber paper, facsimile transmission paper, fine paper, parchment paper, photocopy paper, glassine paper, paper containing mica, gummed paper,
semi-processed paper, wood pulp paper, wood pulp paper in the nature of stationery, carbonless copy paper, carbon paper, cardboard, lining paper, adhesive paper, carbon paper,
laser printing paper, luminous paper, opaque paper, imitation leather paper, stencil paper in the nature of mimeograph paper, mulch paper, laminated paper, oilproof paper,
parchment paper, electrocardiograph paper, photocopy paper, laser printing paper, paper for recording machines, industrial paper and cardboard, photocopy paper, paper for
use in the manufacture of wallpaper, paper for making bags and sacks, pasteboard, waxed paper, parchment paper, advertisement boards of paper or cardboard, postcard paper, reel paper for printers,
calendered paper, acid-resistant paper, signboards of paper or cardboard, typewriter paper, silver paper, synthetic paper, transparencies in the nature of stationery, recycled
paper, semi-finished business card paper semi-finished, waxed paper, heat sensitive paper, heat transfer paper, waterproof paper, xerographic paper,
magazine paper, cellophane paper, onion skin paper, decoration and art materials and media, fluorescent paper, stencil paper mimeograph paper, Japanese paper, calligraphy
paper, crepe paper, art paper, papers for use in the graphic arts industry, craft paper, tracing cloth, rice paper, stencil paper mimeograph paper, drawing paper, Xuan paper for
Chinese painting and calligraphy, transfers in the nature of decalcomanias, sketch pads, bags and articles for packaging, wrapping and storage of, paper, cardboard or plastics,
stationery and educational supplies, notepaper, writing paper, envelopes, envelope paper, office paper in the nature of stationery, letterhead paper, laminated paper, copying
paper in the nature of stationery, envelope paper, tracing paper, envelope paper, glue for stationery or household use, bookbinding material,
stationery and educational supplies, binding materials for books and papers, bookbinding cloth, binding strips in the nature of bookbinding material,
bookbinding material, bookbinding strips, fabrics for bookbinding, bookbinding strips,” in International Class 035;
“bookbinding; printing; paper treating; paper treating; framing of works of art,” in International Class 040.
Requirement -- Geographic Origin of Goods and Services
General Information for Applicant
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL: Any response to this provisional refusal must be personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). 37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01. If applicant hires a qualified U.S. attorney to respond on his or her behalf, then the attorney must sign the response. 37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01. Qualified U.S. attorneys include those in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S. commonwealths or U.S. territories. See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01. Additionally, for all responses, the proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing. See 37 C.F.R. §2.193(a); TMEP §§611.01(b), 611.02. The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d); TMEP §611.01(b).
In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-.03(b), 608.01.
DESIGNATION OF DOMESTIC REPRESENTATIVE: The USPTO encourages applicants who do not reside in the United States to designate a domestic representative upon whom any notice or process may be served. TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2). Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
/Michael P. Keating/
Trademark Attorney
Law Office 101
571-272-9177
Michael.Keating@uspto.gov (informal inquiries only)
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.