MESSAGE
| DATE | 2003-06-19 |
| FROM | Marco Scoffier
|
| SUBJECT | Re: [hangout] TRADEMARK APPLICATION NO. 78178384 - NYLXS - N/A
|
On Wed, Jun 18, 2003 at 08:30:57PM -0400, Ruben Safir Secretary NYLXS wrote:
> >
> > Mark Differs On Drawing and Specimen
I don't think any of us know what that means exactly. What is the
difference between the drawing and the specimen.
As to the NY , I think Selso has a good idea that it would be a good
idea to trademark the LXS or 'Gnu/linux scene' part. So that DCLXS,
CHLXS, LALXS, PALXS would be possible.
I have no idea, however, how all this works.
> >
> >
> > The drawing displays the mark as NYLXS. However, this differs from the
> > display of the mark on the specimen, where it appears as NY above LXS. The
> > applicant must either:
> >
> > (1) submit a new drawing of the mark that agrees with the specimen; or
> >
> > (2) submit a substitute specimen that shows use of the mark shown in the
> > drawing.
> >
> > 37 C.F.R. Section 2.51; TMEP section 807.14. The applicant may not amend
> > the drawing if the amendment would materially alter the character of the
> > mark. 37 C.F.R. Section 2.72(a); TMEP section 807.14(a).
> >
> > If a substitute specimen is submitted, the applicant must verify, with an
> > affidavit or a declaration under 37 C.F.R. Section 2.20, that the substitute
> > specimen was in use in commerce at least as early as the filing date of the
> > application. 37 C.F.R. Sections 2.59(a) and 2.72(a); TMEP section 905.10.
> >
> >
> > Disclaimer
> >
> >
> > If the applicant amends the drawing to NY LXS, the applicant must insert a
> > disclaimer of the geographically descriptive term NY in the application.
> > Trademark Act Section 6, 15 U.S.C. ?1056; TMEP ?1213. As found in The
> > American Heritage Dictionary of the English Language, (3rd ed., 1992), NY is
> > an abbreviation for New York. The primary significance of the term NY is
> > geographic, and applicant's services come from the geographical place named
> > in the mark. Therefore, a public association of the goods/services with the
> > place is presumed. In re JT Tobacconists, 59 USPQ2d 1080 (TTAB 2001); In re
> > U.S. Cargo, Inc., 49 USPQ2d 1702 (TTAB 1998); In re Carolina Apparel, 48
> > USPQ2d 1542 (TTAB 1998); In re Chalk's International Airlines Inc., 21
> > USPQ2d 1637 (TTAB 1991); In re California Pizza Kitchen, 10 USPQ2d 1704
> > (TTAB 1989); In re Handler Fenton Westerns, Inc., 214 USPQ 848 (TTAB 1982).
> > TMEP ?1210.04(b).
> >
> > The computerized printing format for the Trademark Official Gazette requires
> > a standard form for a disclaimer. TMEP ?1213.08(a)(i). A properly worded
> > disclaimer should read as follows:
> >
> > No claim is made to the exclusive right to use NY apart from the mark as
> > shown.
> >
> > See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
> >
> > A disclaimer does not remove the disclaimed matter from the mark. It is
> > simply a statement that the applicant does not claim exclusive rights in the
> > disclaimed wording or design apart from the mark as shown in the drawing.
> >
> >
> > Miscellaneous
> >
> >
> > Change of Address - Applicants may now file changes of correspondence
> > address via a new form on TEAS. Address changes may be performed on up to
> > 20 cases at a time. The Trademark Office strongly encourages applicants to
> > use this time-saving form which is available online at:
> >
> > http://eteas.uspto.gov/V2.0/ca200/WIZARD.htm
> >
> >
> > Fee increase effective January 1, 2003 - Effective January 1, 2003, the
> > fee for filing an application for trademark registration will be increased
> > to $335.00 per International Class. The USPTO will not accord a filing date
> > to applications that are filed on or after that date that are not
> > accompanied by a minimum of $335.00.
> >
> > Additionally, the fee for amending an existing application to add an
> > additional class or classes of goods/services will be $335.00 per class for
> > classes added on or after January 1, 2003.
> >
> > If the applicant has any questions or needs assistance in responding to this
> > Office action, please telephone the assigned examining attorney.
> >
> >
> > /Leslie L. Richards/
> > Trademark Examining Attorney
> > Law Office 106
> > 703-308-9106 ext. 172
> > 703-746-8106 fax
> > ecom106-at-uspto.gov
> >
> >
> > How to respond to this Office Action:
> >
> > To respond formally using the Office's Trademark Electronic Application
> > System (TEAS), visit http://www.uspto.gov/teas/index.html
> > and follow the instructions.
> >
> > To respond formally via E-mail, visit
> > http://www.uspto.gov/web/trademarks/tmelecresp.htm
> > and follow the
> > instructions.
> >
> > To respond formally via regular mail, your response should be sent to the
> > mailing Return Address listed above and include the serial number, law
> > office and examining attorney's name on the upper right corner of each page
> > of your response.
> >
> > To check the status of your application at any time, visit the Office's
> > Trademark Applications and Registrations Retrieval (TARR) system at
> > http://tarr.uspto.gov/
> >
> > For general and other useful information about trademarks, you are
> > encouraged to visit the Office's web site at
> > http://www.uspto.gov/main/trademarks.htm
> >
> >
> > FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE
> > ASSIGNED EXAMINING ATTORNEY.
> >
>
> --
> __________________________
> Brooklyn Linux Solutions
> __________________________
> DRM is THEFT - We are the STAKEHOLDERS http://fairuse.nylxs.com
>
> http://www.mrbrklyn.com - Consulting
> http://www.inns.net <-- Happy Clients
> http://www.nylxs.com - Leadership Development in Free Software
> http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net
> http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn....
>
> 1-718-382-0585
>
> ----- End forwarded message -----
>
> --
> __________________________
> Brooklyn Linux Solutions
> __________________________
> DRM is THEFT - We are the STAKEHOLDERS http://fairuse.nylxs.com
>
> http://www.mrbrklyn.com - Consulting
> http://www.inns.net <-- Happy Clients
> http://www.nylxs.com - Leadership Development in Free Software
> http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net
> http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn....
>
> 1-718-382-0585
> ____________________________
> NYLXS: New Yorker Free Software Users Scene
> Fair Use -
> because it's either fair use or useless....
> NYLXS is a trademark of NYLXS, Inc
--
____________________________
NYLXS: New Yorker Free Software Users Scene
Fair Use -
because it's either fair use or useless....
NYLXS is a trademark of NYLXS, Inc
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