UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 87/040495
APPLICANT: aaa
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*87040495* |
CORRESPONDENT ADDRESS: MARVIN KIRBY ROBERTS III, ANDERSON ROBERTS, PLLC 823 CONGRESSS AVE, STE. P-10 AUSTIN, TX 78701
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RETURN ADDRESS: Commissioner for TrademarksP. O. Box 1451Alexandria, VA 22313-1451
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MARK: TEST
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May 27, 2016
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: mkroberts@andersonroberts.com |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Your telephone number and e-mail address.
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Serial Number 87/040495
The above-referenced trademark application is being returned to you because it does not meet the minimum requirements for receiving a filing date for the reason(s) stated below.
Under 37 C.F.R. §2.21(a), the USPTO will grant a filing date to an application under §1 or §44 of the Trademark Act that is in English and contains all of the following:
(1) the name of the applicant;
(2) a name and address for correspondence;
(3) a clear drawing of the mark;
(4) a listing of the goods or services; and
(5) the filing fee for at least one class of goods or services.
In this case, the application does not contain (1) the name of the applicant and (2) a clear drawing of a mark.
(1) Applicant Name. In this case, the application did not meet the minimum requirements to receive a filing date because it does not appear that the applicant’s name was included. Although a name and address for correspondence was included, and the application was signed by another party, this does not fulfill the requirement that the application identify the name of the applicant. The party to whom correspondence is sent, or the party who signs the application, is not always the same as the applicant.
(2) Drawing of Mark. The application does not appear to include a drawing of the mark for which registration is sought. The USPTO uses the drawing to print the mark sought to be registered on the eventual registration certificate. A "drawing" is simply a depiction of the mark sought to be registered. 37 C.F.R. §2.52. A drawing should only show the mark and should not include extraneous matter. A specimen showing the mark does not satisfy the requirement for a drawing. Trademark Manual of Examining Procedure (TMEP) §202.01.
There are two forms of drawings: "special form drawings" and "standard character drawings." Applicants who seek to register words, letters, numbers, or any combination thereof without claim to any particular font style, size, or color must submit a standard character drawing that shows the mark in black on a white background. An applicant may submit a standard character drawing if:
(1) The application includes a statement that the mark is in standard characters and no claim is made to any particular font style, size, or color;
(2) The mark does not include a design element;
(3) All letters and words in the mark are depicted in Latin characters;
(4) All numerals in the mark are depicted in Roman or Arabic numerals; and
(5) The mark includes only common punctuation or diacritical marks.
If a mark is comprised, in whole or in part, of special characteristics such as elements of design or color, styles of lettering, or unusual forms of punctuation, it is a "special form drawing."
The TMEP contains information about drawing requirements and is available online at http://www.uspto.gov. Drawing requirements are discussed in Chapter 800, Section 807.
The serial number assigned to this application has been cancelled and the fee will be refunded in due course.
You may file a new application containing the required elements. The United States Patent and Trademark Office recommends that new applications be filed using the Trademark Electronic Application System (TEAS), available over the Internet at http://www.uspto.gov.
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1415
Instructions for applications returned in error: If you believe this application was returned in error, you may file a request to restore the filing date. First, you should re-file your application, including the required application filing fee. The Office recommends using the Trademark Electronic Application System (TEAS) located at http://www.gov.uspto.report/teas/index.html.
After you re-file the application and receive a new serial number, fax your request to restore the original filing date to the Petitions Office at 571-273-8950. This request should state the reasons why you believe the filing date was denied in error and must include (1) the new serial number and (2) a copy of this Notice of Incomplete Trademark Application. Although applicants have two (2) months from the mailing date of this notice to file a request to restore the original filing date, the request should be filed immediately upon receipt of the new serial number to ensure that it will be processed in a timely manner.
If you have any questions, please call the Trademark Assistance Center (TAC) at 1-800-786-9199, or send an email to TrademarkAssistanceCenter@uspto.gov. Please visit the USPTO website at http://www.uspto.gov for a list of trademark services available electronically.