To: | Arcor S.A.I.C. (IPDocket@foxrothschild.com) |
Subject: | U.S. Trademark Application Serial No. 88091647 - TOPLINE - 135082.04025 |
Sent: | February 26, 2020 08:38:36 PM |
Sent As: | ecom114@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88091647
Mark: TOPLINE
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Correspondence Address: |
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Applicant: Arcor S.A.I.C.
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Reference/Docket No. 135082.04025
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: February 26, 2020
This Office action is being issued in response to applicant’s communication filed February 6, 2020. For the reasons outlined below, the foreign registration cannot be accepted.
NEW DRAWING AND/OR NEW FOREIGN REGISTRATION REQUIRED
In this case, the U.S. drawing displays the mark in color. However, the foreign registration does not indicate that the mark appears in color. The mark in the U.S. drawing does not match the mark on the foreign registration because color is a feature of the mark in the U.S. drawing and must be a feature of the foreign mark if the marks are to be substantially exact.
Applicant may respond by satisfying one of the following:
(1) Submit a new drawing of the mark that matches the foreign registration and an amendment of the description that agrees with the new drawing. See 37 C.F.R. §§2.37, 2.72(c); TMEP §§807.12(b), 1011.03. The following amended description is suggested, if accurate: “The mark consists of the literal element "TOPLINE" presented in stylized font. The literal element is set within a curved rectangle shape with an upper and lower border that contains multiple thick curved lines. All of the aforementioned elements are set within a larger rectangle shape.” Applicant may amend the mark in the drawing to match the mark in the foreign registration but may not make any other changes or amendments that would materially alter the drawing of the mark. See 37 C.F.R. §2.72(c); TMEP §§807.14 et seq, 1011.03.
(2) Submit a request to delete the Trademark Act Section 44 filing basis from the application and proceed solely on the Section 1 basis. See 15 U.S.C. §1051(a)-(b); 37 C.F.R. §2.35(b)(1); TMEP §806.04.
For more information about drawings, amending the basis, and instructions on how to satisfy these response options online using the Trademark Electronic Application System (TEAS) response form, see the Drawing webpage.
RESPONSE GUIDELINES
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Shaila E. Lewis/
Trademark Examining Attorney
Law Office 114
(571) 270-1527 (phone)
(571) 270-2527 (fax)
Shaila.Lewis@uspto.gov
RESPONSE GUIDANCE