UNITED STATES PATENT AND TRADEMARK OFFICE
REGISTRATION NO: 1,971,478
REGISTRANT: LINTEX LINENS INC.
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August 2, 2006
*1971478* |
CORRESPONDENT ADDRESS: Robert Stonehill SILVERBERG STONEHILL & GOLDSMITH PC 111 WEST 40TH STREET NEW YORK, NY 10018
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RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: LINTEX
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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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 Registation Division. 4. Your telephone number and e-mail address.
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Registration Number 1,971,478
The Combined Section 8 Affidavit & Section 9 Renewal Application was received on April 26, 206. 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.
The owner must submit (1) a substitute specimen showing current use in commerce of the registered mark on or in connection with the goods and/or services in the registration, and (2) a statement that the substitute specimen was in use in commerce during the relevant period for filing the 10-year Section 8. This statement must be verified with an affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.161(g); TMEP §1604.12(c).
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 table mats not made of paper and table covers, namely table cloths not made of paper. The goods and services in the registration comprise the following: kitchen towel.
The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the Section 8 Affidavit, if properly signed and dated:
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 one year before the end of a 10-year period after the date of registration.
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
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the mailing date of this Office action. The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration. 37 C.F.R. §2.163(b); TMEP §1604.16.
DEFICIENCY SURCHARGE REQUIRED: The owner must submit a $100 deficiency surcharge with its response to this Office action. 37 C.F.R. §§2.6 and 2.164(a)(1).
DebYAhmed
Deborah Y. Ahmed
Trademark Specialist
Post Registration Division
Office of Trademark Services
(571) 272-9122
DAhmed
How to respond to this Office Action:
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the registration number, the words 'Post Registration' and the examiner's name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.