UNITED STATES PATENT AND TRADEMARK OFFICE
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REGISTRATION NO: 882419
REGISTRANT: Luxman Kabushiki Kaisha (Luxman Corporat
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January 26, 2010 |
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: LUXMAN
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CORRESPONDENT’S REFERENCE/DOCKET NO: TM69-0004
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Registration date, registration number, mark and registrant's name. 2. Date of this Office Action. 3. Examiner's name and Post Registration Division. 4. Your telephone number and e-mail address.
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The Combined Section 8 Affidavit & Section 9 Renewal Application was received on December 14, 2009. The Section 9 portion of the combined filing is accepted. However, the Section 8 portion is not accepted for the reason(s) set forth below.
Specimen – Class 036
The specimen of record is unacceptable because it shows the mark used on or in connection with goods and/or services that are different from those identified in the registration. See In re Capp Enterprises, Inc., 32 USPQ2d 1855 (Comm’r Pats. 1993). Specifically, the specimen shows use for <specify goods/services>. The goods and services in the registration comprise the following: <specify>.
The owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 10-year Section 8, that is, within the one year before the end of a 10-year period after the date of registration.
Renewal of the registration is requested.
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
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Signature of Authorized Person
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Type or Print Name
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Date
(1) A person with legal authority to bind the owner;
(2) A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; and
(3) An attorney as defined in 37 C.F.R. §11.1 who has actual or implied written or verbal power of attorney from the owner.
37 C.F.R. §2.161(b); TMEP §§804.04 and 1604.08(a).
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the issuance date of this Office action. The owner must respond to all inquiries set forth in this Office action to avoid cancellation and/or expiration of the registration. 37 C.F.R. §§2.163(b)-(c) and 2.184(b); TMEP §§1604.16, 1606.12 and 1606.13(a).
DEFICIENCY SURCHARGE REQUIRED: The owner must submit a $100 deficiency surcharge with its response to this Office action. 37 C.F.R. §§2.6, 2.164(a)(1) and 2.185(a)(1).
/Michael McMillan/
TM Specialist
POST REGISTRATION UNIT
OFC: 571-272-9541
FAX: 571-273-9541
How to respond to this Office Action:
Please use the Response Application located on the USPTO website when applicable. You may also submit the response via regular mail, online @ uspto.gov (Trademarks > File forms online > Response forms > Response to a Post Registration Office Action) or facsimile, the response must include the following: registration number, the words 'Post Registration', and name of Trademark Specialist to expedite forwarding. Use the Return Address listed above in the right hand corner if sending your response via regular mail.
The filing date of a document with the Office is the date the document is received in the Office. 37 C.F.R. §2.195(a); TMEP §§303 and 303.01. However, if a “certificate of mailing” by first class mail or a “certificate of facsimile transmission” under 37 C.F.R. §2.197 is added to the response and the procedures in 37 C.F.R. §§2.195(c) and 2.197 are satisfied, then the document will be considered timely filed if the document is mailed or transmitted prior to expiration of the response time period regardless of whether it was received in the Office after the response time period. TMEP §§305.02 and 306.05 et seq.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.