To: | Valley Custom Tire, Inc. d/b/a VCT Wheel (uspto.docketing@cotmanip.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88220196 - REPLICA 1 - 1356-T004US1 |
Sent: | 3/13/2019 4:05:48 PM |
Sent As: | ECOM100@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88220196
MARK: REPLICA 1
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Valley Custom Tire, Inc. d/b/a VCT Wheel
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 3/13/2019
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’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).
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Obi I. Iloputaife on March 13, 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 may clarify or limit the goods, but may not add to or broaden the scope of the goods. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
(II) The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “REPLICA” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
(III) The following description of the mark replaces the current description of record:
The mark consists of the stylized wording “REPLICA” in the color metallic gray set below two horizontal bars in the color metallic gray, all set to the left of the number "1" in the color metallic red. The color black is not claimed as a feature of the mark and represents only background.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
(IV) In order to address a clerical issue, the following color claim replaces the current color claim:
The color(s) metallic gray and metallic red is/are claimed as a feature of the mark.
37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i).
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Michael Gaafar/
Michael Gaafar
Staff Attorney
Law Office 100
571-272-8259
Informal inquiries: michael.gaafar@uspto.gov
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that the 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.