To: | NANOWAVE, INC. (Rines@mit.edu) |
Subject: | TRADEMARK APPLICATION NO. 75213130 - NANOWAVE - Nanowave |
Sent: | 4/30/08 6:45:28 PM |
Sent As: | EComPRU |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
REGISTRATION NO: 2,147,365
REGISTRANT: NANOWAVE, INC.
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4/30/08
*2147365* |
CORRESPONDENT ADDRESS: ROBERTS H. RINES RINES AND RINES 24 Warren Street CONCORD NH 03301
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RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: NANOWAVE
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CORRESPONDENT’S REFERENCE/DOCKET NO: Nanowave
CORRESPONDENT EMAIL ADDRESS: Rines@mit.edu |
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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Registration Number 2,147,365
The Combined Section 8 Affidavit & Section 9 Renewal Application was received on April 9, 2008. The Section 9 portion of the combined filing can be 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 of the registered mark on or in connection with the 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) (1); TMEP §1604.12(c).
The specimen of record is unacceptable to show service mark use because it does not reference the services. Where a mark is used in advertising the services, the specimen must show an association between the mark and the services in the registration. A specimen that shows only the mark, with no reference to the services either on the specimen or in descriptive wording in the mark, does not show service mark usage. See In re Adair, 45 USPQ2d 1211 (TTAB 1997); TMEP §§1301.04(b) and (c).
Examples of acceptable specimens for services include signs, brochures, or advertisements that show the mark used in the sale or advertising of the services. TMEP §1301.04 et seq.
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, <between the 5th and 6th year anniversary after the date of registration or the date of publication under 15 U.S.C. §1062/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.
__________________________
Signature of Authorized Person
__________________________
Type or Print Name
__________________________
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 and 1604.17(b).
DEFICIENCY SURCHARGE: The owner must submit a $100 deficiency surcharge if its response to this Office action is received after the expiration of the grace period, i.e., after SEPTEMBER 31, 2008. 37 C.F.R. §§2.6 and 2.164(a) (2).
Arlene L. Clinkscales
Trademark Specialist
Post Registration Division
(571) 272-9519
(571) 273-9519 (fax)
Arlene.Clinkscales@uspto.gov
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.