To: | A&B Business, Inc (trademarks@cutlerlawfirm.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85251455 - A&B BUSINESS, INC. SOLUTIONS. - N/A |
Sent: | 5/29/2011 6:17:45 PM |
Sent As: | ECOM107@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85251455
MARK: A&B BUSINESS, INC. SOLUTIONS.
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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: A&B Business, Inc
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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: 5/29/2011
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
Search for Conflicting Marks
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Claim of Ownership of Registration
If applicant is the owner of U.S. Registration No. 3471516, then applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:
Applicant is the owner of U.S. Registration No. 3471516.
Deletion from Drawing
The drawing shows the proposed mark in various colors, including black, white and/or gray. Although the application includes a claim of color and a color location statement, the colors black, white and/or gray are not included in the color claim or color location statement. The color claim and location statement must identify all the colors in the mark. 37 C.F.R. §2.52(b)(1); see TMEP §§807.07(a) et seq. Therefore, applicant must clarify whether black, white and/or gray are being claimed as color and/or are intended to indicate background, outlining, shading and/or transparent areas. TMEP §807.07(d).
To clarify whether the drawing is in color, applicant must satisfy one of the following:
(1) If black, white and/or gray are being claimed as colors in the mark, applicant must amend the color claim and color location statement to include those colors, i.e., the colors black, white and/or gray must be added to the list of colors being claimed as a feature of the mark and added to the statement describing where the colors appear in the mark; or
(2) If black, white and/or gray are not being claimed as colors in the mark, applicant must state that the color(s) black, white, and/or gray represent background, outlining, shading and/or transparent areas and are not part of the mark.
Id.
$50 Per Class Fee Required – TEAS Plus Status Lost
Applicant must submit an additional application processing fee of $50 per class because applicant has not complied with the requirement to claim of ownership of applicant’s prior registration(s) for the same mark was not provided. 37 C.F.R. §§2.6(a)(iv), 2.23(a)(1) and 2.23(b).
Assistance
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: Applicants who filed their application online using the reduced-fee TEAS Plus application must continue to submit certain documents online using TEAS, including responses to Office actions. See 37 C.F.R. §2.23(a)(1). For a complete list of these documents, see TMEP §819.02(b). In addition, such applicants must accept correspondence from the Office via e-mail throughout the examination process and must maintain a valid e-mail address. 37 C.F.R. §2.23(a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these requirements must submit an additional fee of $50 per international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. In appropriate situations and where all issues can be resolved by amendment, responding by telephone to authorize an examiner’s amendment will not incur this additional fee.
/James W. Stein/
Trademark Examining Attorney
Law Office 107
Phone No. (571) 272-3056
E-mail: james.stein@uspto.gov
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 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 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.