To: | Marino Andriani, LLC (jkatz@dglaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88067376 - STUDEBAKER - 9839-11-0 |
Sent: | 5/30/2019 10:28:54 AM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88067376
MARK: STUDEBAKER
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Marino Andriani, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 5/30/2019
This Examiner’s Amendment is in response to applicant’s communication filed on May 17, 2019.
In a previous Office action dated November 27, 2018, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(e)(4) for a mark that is primarily merely a surname. In addition, applicant was required to satisfy the following requirements: amend the identification of goods and meet the multiple class application requirements.
Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: definite amended identification provided. See TMEP §§713.02, 714.04.
At applicant’s request, the trademark examining attorney is amending the application as follows to address the remaining issue.
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Jeffrey Katz on May 30, 2019, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise, no response is necessary. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
SECTION 2(f) CLAIM BASED ON PRIOR REGISTRATION
The mark has become distinctive of the goods as evidenced by the ownership of active U.S. Registration No. 3509858 on the Principal Register for the same mark for sufficiently similar goods.
TMEP §1212.04(e); see 15 U.S.C. §1052(f); 37 C.F.R. §2.41(a)(1).
If applicant has questions regarding this Examiner’s Amendment or the changes referenced above, please telephone or e-mail the assigned examining attorney.
/Peter Dang/
Examining Attorney
Law Office 121
(571) 270-1998
peter.dang@uspto.gov
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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.