Offc Action Outgoing

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:

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(a), 2.65(a); TMEP §§711, 718.03.

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).

SUMMARY OF ISSUES that applicant must address:

Drawing requirement

INFORMALITIES

The applicant must respond to the following informalities.

DRAWING OF THE MARK

Applicant submitted a drawing showing the mark in color but appears to have identified the mark as non-color in the application form and has not provided a color claim or mark description referencing color. 37 C.F.R. §2.52(b)(1); TMEP §807.07(b). Applications for marks depicted in color must include a complete list of all the colors claimed as a feature of the mark and a description of the literal and design elements that specifies where the colors appear in those elements. 37 C.F.R. §§2.37, 2.52(b)(1); see TMEP §§807.07(a) et seq.

Therefore, applicant must clarify whether color is claimed as a feature of the mark by satisfying one of the following:

(1) If color is not a feature of the proposed mark, applicant must submit a substitute black and white drawing of the mark to replace the color drawing of record. Amendments or changes to the mark will not be accepted if the changes would materially alter the mark. 37 C.F.R. §2.72(a)(2); TMEP §807.14. However, amending the drawing to delete color would not be considered a material alteration of the mark in this case.; or

(2) If color is a feature of the proposed mark, applicant must submit a statement listing all of the colors claimed as a feature of the mark and a statement describing the literal and design elements in the mark that specifies where the colors appear in those elements. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq. If any portion of the black, white and/or gray appearing in the mark is not being claimed as color, applicant must also include a statement that the color(s) <black, white and/or gray> represent background, outlining, shading and/or transparent areas and are not part of the mark. TMEP §807.07(d). The following format is suggested: “The colors purple and gray are claimed as a feature of the mark. The mark consists of the acronym KKR in purple together with the name Kohlberg Kravis Roberts in a gray stylized font and format, underlined with a purple line.

A special form drawing must show the mark (1) in black on a white background, if color is not a feature of the mark, or (2) in color on a white background, if color is a feature of the mark. 37 C.F.R. §2.52(b); see TMEP §§807.04, 807.07(a). In addition, the mark must be shown clearly so as to produce a high quality image when copied; all lines in the drawing must be clean, sharp, solid, and not fine or crowded. See 37 C.F.R. §§2.52, 2.53(c), 2.54(e); TMEP §807.04(a).

To submit a new drawing via the Trademark Electronic Application System (TEAS), applicant must use the response form and follow the instructions regarding submission of a drawing. TMEP §807.05(a); see 37 C.F.R. §2.53(a). An applicant must submit a drawing via TEAS in jpg format, and the USPTO recommends a digitized image with a length and width no smaller than 250 pixels and no larger than 944 pixels. 37 C.F.R. §2.53(c); TMEP §807.05(c).

For drawings submitted on paper, the paper should be approximately 8.5 inches wide by 11 inches long, white, non-shiny, and include the caption “DRAWING PAGE” at the top. 37 C.F.R. §2.54(a)-(c); TMEP §807.06(a). The mark in the drawing must appear no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide. 37 C.F.R. §2.54(b); TMEP §807.06(a). Further, the drawing must be made with ink or by a process that will provide a high definition when scanned. 37 C.F.R. §2.54(e); TMEP §807.06(a). A photolithographic, printer’s proof copy, or other high-quality reproduction of the mark may be used. 37 C.F.R. §2.54(e); TMEP §807.06(a).

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 §§304.01-.02, 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.

/Tracy Cross/

Examining Attorney

Law Office 109

Phone: (571) 272-9271

Tracy.Cross@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.