UNITED STATES PATENT AND TRADEMARK OFFICE OFFICE ACTION

Transcription

1 SERIAL NO: 76/ UNITED STATES PATENT AND TRADEMARK OFFICE MARK: IDEA CORRESPONDENT ADDRESS: DAVID M. KELLY Finnegan, Henderson, Farabow, Garrett 901 New York Avenue, N.W. Washington, DC * * RESPOND TO THIS ACTION: GENERAL TRADEMARK INFORMATION: APPLICANT: U.S. Securities and Exchange Commission CORRESPONDENT S REFERENCE/DOCKET NO: CORRESPONDENT ADDRESS: OFFICE ACTION TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE. ISSUE/MAILING DATE: The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. 1062(b); 37 C.F.R. 2.62, 2.65(a); TMEP 711, Search Results The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. 1052(d). TMEP However, applicant must respond to the following requirement. Unsigned Application/Declaration The application was not signed and verified, both of which are application requirements. 15 U.S.C. 1051(b), 1126(d)-(e); 37 C.F.R. 2.33, 2.34(a)(2)-(4). Therefore, applicant must verify, in a signed affidavit or declaration under 37 C.F.R. 2.20, 2.33, the statements specified further below. 15 U.S.C. 1051(b)(3), 1126(d), (e); 37 C.F.R. 2.33(b)(2), (c); TMEP , (b)-(d). If applicant responds to this Office action online via the Trademark Electronic Application System (TEAS), applicant may satisfy this requirement by answering yes to the TEAS response form wizard question relating to submitting a signed declaration, and properly signing the declaration appearing towards the end of the TEAS response form by either (1) entering in the signature block any combination of letters, numbers, spaces and/or punctuation marks that the filer has adopted as a signature, placed between two forward slash (/) symbols (e.g., /john doe/); (2) ing the completed form from within TEAS to a second party for his/her electronic signature, which will then be automatically returned to the original preparer for submission with the response form; or (3) attaching a jpg or pdf image of a declaration under 37 C.F.R (see statements and declaration paragraphs below), together with a pen-and-ink signature. See 37 C.F.R. 2.33(d), 2.193(c)(1)(iii); TMEP For each method, applicant must either personally sign or manually enter his/her electronic signature and provide the date of signing. TMEP ; see TMEP (b). Applicant should also set forth the signatory s name and position beneath the signature. See TMEP 712 et seq., If applicant responds to this Office action on paper, via regular mail, applicant may satisfy this requirement by providing the following statements and declaration at the end of the response, personally signed and dated. See 37 C.F.R. 2.20, 2.33; TMEP , , (b)-(d). STATEMENTS: He/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be entitled to use the mark in commerce; that applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the application filing date; that the facts set forth in the application are true and correct; that to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in

2 connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive. DECLARATION: The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true. (Signature) (Print or Type Name and Position) (Date) Conclusion If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney. /tfrazier/ Tamara G. Frazier Trademark Examining Attorney Law Office 116 Phone: (571) Fax: (571) RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at waiting hours if applicant received notification of the Office action via . For technical assistance with the form, please TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by ; the USPTO does not accept ed responses. If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

3 *** User:Tfrazier *** # Total Dead Live Live Status/ Search Marks Marks Viewed Viewed Search Docs Images Duration N/A 0 0 0:03 dead[ld] N/A 0 0 0:02 "idea"[bi,ti] N/A 0 0 0:04 2 and ("009" "016" "036")[cc] N/A 0 0 0:01 3 not :02 4 and ("009" "016" "036" a b 200)[ic] N/A 0 0 0:02 *idea*[bi,ti] not (1 5) N/A 0 0 0:01 6 and ("009" "016" "036")[cc] :02 6 and ("009" "016" "036" a b 200)[ic] Session started 8/21/2008 3:58:35 PM Session finished 8/21/2008 4:47:14 PM Total search duration 0 minutes 17 seconds Session duration 48 minutes 39 seconds Defaut NEAR limit=1adj limit=1 Sent to TICRS as Serial Number:

4 FILING RECEIPT FOR TRADEMARK APPLICATION May 17, 2008 This acknowledges receipt on the FILING DATE of the application for registration for the mark identified below. The FILING DATE is contingent upon all minimum filing date requirements being met. Your application will be considered in the order in which it was received. Please review the status of your application every six months from the filing date of your application. You can check the status of your application on-line at or by contacting the Trademark Assistance Center at Also, documents in the electronic file for pending applications can be viewed and downloaded at DAVID M. KELLY Finnegan, Henderson, Farabow, Garrett 901 New York Avenue, N.W. Washington, DC ATTORNEY REFERENCE NUMBER PLEASE REVIEW THE ACCURACY OF THE FILING RECEIPT DATA. A request for correction to the filing receipt should be submitted within 30 days. Such requests may be submitted by mail to: COMMISSIONER FOR TRADEMARKS, P.O. BOX 1451, ALEXANDRIA, VIRGINIA ; by fax to ; or by to tmfiling.receipt@uspto.gov. The USPTO will review the request and make corrections when appropriate. SERIAL NUMBER: 76/ FILING DATE: May 6, 2008 REGISTER: MARK: MARK TYPE(S): DRAWING TYPE: FILING BASIS: Principal IDEA Trademark; Service Mark Standard Character Mark Sect. 1(b) (Intent to Use) ATTORNEY: OWNER: David M. Kelly U.S. Securities and Exchange Commission (UNITED STATES, Federal Agency) 100 F Street, N.E. Washington, D.C FOR: FOR: FOR: Computer software for use in the compiling, editing, validating, and transmitting of electronic filings to the US Securities and Exchange Commission; computer software for use in searching, manipulating, and analyzing financial filings, financial disclosures, and other submissions made to the US Securities and Exchange Commission; downloadable electronic publications in the nature of manuals for computer software for use in the compiling, editing, validating, and transmitting of electronic filings to the US Securities and Exchange Commission and for searching, manipulating, and analyzing such filings INT. CLASS: 009 FIRST USE: NONE USE IN COMMERCE: NONE Printed publications, namely, manuals for computer software for use in the compiling, editing, validating, and transmitting of electronic filings to the Securities and Exchange Commission and for searching, manipulating, and analyzing such filings INT. CLASS: 016 FIRST USE: NONE USE IN COMMERCE: NONE Financial information provided by electronic means, namely, the receipt, acceptance, compilation, and dissemination of information in the nature of financial filings, financial disclosures, and other submissions made to the US Securities and Exchange Commission; providing on-line and electronic computer databases in the nature of financial filings, financial disclosures, and other submissions made to the US Securities and Exchange Commission INT. CLASS: 036 FIRST USE: NONE USE IN COMMERCE: NONE ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS

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