UNITED STATES PATENT AND TRADEMARK OFFICE
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`PAPER NO.
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`APPLICANT
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`ACTION NO,
`13
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`ADDRESS:
`Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, VA 22202-3513
`www.uspt0.gov
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`lfno fees are enclosed, the address should include the
`words "Box Responses - No Fee."
`
`FORM PTO-1525 (5-90)
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`u.s. DEPT. OF COMM. PAT. &TM OFFICE
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`Please provide in all correspondence:
`
`. Filing Date, serial number, mark and
`Applicant's name,
`. Mailing date ofthis OIIICC action.
`. Examining Attorney's name and
`Law Office number.
`. Your telephone number and ZIP code.
`
`A PROPER RESPONSE TO THIS OFFICE ACTION MUST BE RECEIVED WITHIN 6
`MONTHS FROM THE DATE OF THIS ACTION IN ORDER TO AVOID ABANDONMENT.
`For your convenience and to ensure proper handling ofyour response, a label has been enclosed
`Please attach it to the upper right corner ofyour response. If the label is not enclosed, print or type
`the Trademark Law Office No., Serial No., andMark in the upper right corner ofyour response.
`
`RE: Serial Number: 76/215787 RTIV RELIABLE THROUGHPUT IMAGING VIEWER +design
`
`The assigned examining attorney has reviewed the referenced application and determined the
`following.
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`No Other Marks Noted
`The examining attorney has searched the Office records and has found no similar registered or
`pending mark which would bar registration under Trademark Act Section 2(d), 15 USC Section
`1052(d). TMEP section 1105.01.
`
`Disclaimer Required
`The applicant must disclaim the descriptive wording "RELIABLE TI-IROUGHPUT IMAGING
`VIEWER" apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056;
`TMEP sections 1213 and 1213.02(a). The wording is merely descriptive because it describes a
`feature or function of the applicant’s goods.
`
`The computerized printing format for the Trademark Oflicial Gazette requires a standard form for a
`disclaimer.
`TIVEEP section 1213.09(a)(i). A properly worded disclaimer should read as follows:
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`No claim is made to the exclusive right to use “RELIABLE THROUGHPUT IMAGING
`VIEWER” apart from the mark as shown.
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`76/215787
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`-2-
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`See In re Owatonna T00] Ca, 231 USPQ 493 (Comm'r Pats. 1983).
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`It is simply a statement that
`A disclaimer does not remove the disclaimed matter from the mark.
`the applicant does no! claim exclusive rights in the disclaimed wording or design apart from the
`mark as shown in the drawing.
`
`Substitute Drawing Reguired
`the
`Specifically,
`The drawing is not acceptable because it will not reproduce satisfactorily.
`applicant has used grey to indicate shading. The applicant must submit a new drawing showing the
`mark clearly and conforming to 37 C.F.R. Section 2.52. TMEP section 807.05. The requirements
`for a special-form drawing are as follows.
`
`(1) The drawing must appear in black and white; no color is permitted.
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`(2) Every line and letter must be black and clear.
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`(3) The use of gray to indicate shading is unacceptable.
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`(4) The lining must not be too fine or too close together.
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`(5) The preferred size of the area in which the mark is displayed is 2‘/2 inches (6.1 cm.)
`high and 2/2 inches (6.1 cm.) wide.
`It should not be larger than 4 inches (10.3 cm.) high or
`4 inches (10.3 cm.) wide.
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`If the reduction of the mark to the required size renders any details illegible, the
`(6)
`applicant may insert a statement in the application to describe the mark and these details.
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`37 CFR. Sections 2.51 and 2.52; TMEP section 807.05. The Office will enforce these drawing
`requirements strictly. TMEP section 807.
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`The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white
`paper 8 to 81/2 inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet
`contain a heading listing, on separate lines, the applicant's complete name; the applicant's address;
`the goods or services recited in the application; and, if the application is filed under Section 1(a) of
`the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the
`application is filed under Section 44(d), the priority filing date ofthe foreign application.
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`Status Inguiix
`Current status and status date information is available, via push button telephone, for all federal
`trademark registration and application records maintained in the automated Trademark Reporting
`and Monitoring (TRAM) system. The information may be accessed by calling (703) 305-8747
`from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven-digit
`registration number or eight-digit application number, followed by the "#" symbol, afier the
`welcoming message and tone. Callers may request information for up to five registration number
`or application number records per call.
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`

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`76/215787
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`-3-
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`If the applicant has any questions or needs assistance in responding to this Office action, please
`telephone the assigned examining attorney.
`
`letcher
`Examining Attorney
`Law Office 115
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`(703) 308-9115 ext. 205