MESSAGE
| DATE | 2003-06-18 |
| FROM | Ruben Safir Secretary NYLXS
|
| SUBJECT | Subject: [hangout] TRADEMARK APPLICATION NO. 78178384 - NYLXS - N/A
|
Date: Wed, 18 Jun 2003 20:00:58 -0400
From: Ruben Safir Secretary NYLXS
To: ecom106-at-USPTO.GOV
Cc: ruben-at-mrbrklyn.com
Subject: Re: TRADEMARK APPLICATION NO. 78178384 - NYLXS - N/A
In-Reply-To:
User-Agent: Mutt/1.3.27i
>
>
> Mark Differs On Drawing and Specimen
>
>
> 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
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