To: | Tracer Imaging LLC (tmdocket@leasonellis.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85175528 - TRACER - 4905/4357-US |
Sent: | 3/1/2011 2:31:16 PM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85175528
MARK: TRACER
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/teas/eTEASpageD.htm
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APPLICANT: Tracer Imaging LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 3/1/2011
SEARCH OF OFFICE’S DATABASE OF 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).
FAILURE TO RESPOND – ABANDONMENT OF GOODS
If applicant should fail to respond to this Office action within the six-month period for response, then the following goods and/or services will be deleted from the application:
signs, window displays, inserts, hang tags, brochures, window clings, magnets, puzzles, point of sale displays printed directly onto, or affixed to, lenticular plastic, in Class 16
The application will then proceed with the remaining goods and/or services only. 37 C.F.R. §2.65(a).
IDENTIFICATION OF GOODS
The identification of goods must be clarified because it is too broad and could include goods in other international classes. See TMEP §§1402.01, 1402.03.
Applicant may adopt the following identification of goods, if accurate. See TMEP §1402.01. Bracketed wordings are suggested deletions and bolded wordings are suggested amendments.
International Class 6 (see below to add this class)
Metal key chains featuring lenticular images
International Class 9 (see below to add this class)
Magnets featuring lenticular images
International Class 16
Printed materials, namely, posters, paper signs, window displays in the nature of printed cardboard signs, paper inserts for publications, handouts, paper hang tags, brochures for printing, gift cards, vinyl window [clings] cling sheets, greeting cards, [magnets,] key chains,] postcards, crossword puzzles, business cards, event tickets, [point of sale displays printed directly onto, or affixed to, lenticular plastic, in Class 16.] all featuring lenticular images
International Class 20 (see below to add this class)
Cardboard floor display units for merchandising products featuring lenticular images; plastic key chains featuring lenticular images
International Class 28 (see below to add this class)
Jigsaw puzzles featuring lenticular images
International Class 40 – acceptable
Printing services, namely, custom printing of lenticular products; lenticular printing services; photography and printing services
For assistance with identifying and classifying goods and/or 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.
ADDITIONAL CLASS – “USE” BASIS
(1) LIST GOODS/SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods/services by international class;
(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at http://www.uspto.gov, click on “View Fee Schedule” under the column titled “Trademarks”); and
(3) SUBMIT REQUIRED STATEMENTS AND EVIDENCE: For each international class of goods and/or services, applicant must also submit the following:
(a) DATES OF USE: Dates of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial application apply to that class. The dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application.;
(b) SPECIMEN: One specimen showing the mark in use in commerce for each international class of goods and/or services. Applicant must have used the specimen in commerce at least as early as the filing date of the application. If a single specimen supports multiple international classes, applicant should indicate which classes the specimen supports. Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, or displays associated with the goods at their point of sale. See TMEP §§904.03 et seq. Examples of specimens for services are signs, photographs, brochures, website printouts, or advertisements that show the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq.;
(c) STATEMENT: The following statement: “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.”; and
(d) VERIFICATION: Applicant must verify the statements in 3(a) and 3(c) (above) in an affidavit or signed declaration under 37 C.F.R. §2.20. Verification is not required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, and (2) the original specimens are acceptable for the added class(es).
See 15 U.S.C. §§1051(a), 1112, 1127; 37 C.F.R. §§2.32(a)(5), 2.34(a)(1), 2.56(a), 2.71(c), 2.86(a), 2.193(e)(1); TMEP §§1403.01, 1403.02(c).
With respect to the specimen requirement in 3(b) above in which a specimen is required for each international class of goods and/or services, the specimen(s) of record is acceptable for International Class(es) 16 only. Applicant must submit additional specimens if different international classes are added to the application.
/Sophia S. Kim/
Sophia S. Kim, Esq.
Examining Attorney
USPTO Law 106
571-272-9178
sophia.kim@uspto.gov
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.
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 Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, 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/teas/eTEASpageE.htm.