Status Letter for Registration No.

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

 POST REGISTRATION OFFICE ACTION

 

 

 

Registration Number  2,243,825

 

The Sections 8 & 15 Combined Affidavit was received on May 5, 2005.  The Section 15 portion of the combined affidavit is acknowledged.  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 6-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 accompanying the Section 8 Affidavit shows a different mark from that in the registration.  Specifically, the specimen shows the mark as ARTIVA and a triangle design and the registration shows the mark as ARTIVA (underlined).

 

The specimen cannot be accepted because the character of the registered mark appears materially altered on the submitted specimen, and it appears that the registered mark is no longer in use.  In re International Nickel Co., Inc., 282 F.2d 952, 127 USPQ 331 (C.C.P.A. 1960); In re Continental Distilling Corp., 254 F.2d 139, 117 USPQ 300 (C.C.P.A. 1958); Ex parte Richards, 153 USPQ 853 (Comm’r Pats. 1967); TMEP §§807.14 et seq., 1604.13 and 1609.02(a). 

 

To verify the information required above, the owner must submit a substitute affidavit or declaration in accordance with 37 C.F.R. §2.20.  The following is a properly worded declaration in accordance with 37 CFR §2.20. 

 

The owner was using the mark in commerce on or in connection with the goods/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 (6-year Section 8/10-year Section 8), that is, between the 5^th and 6^th year anniversary after the date of registration or the date of publication under 15 U.S.C. §1062(c).

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 he/she 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

______________________________

Typed or Printed 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.

 

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

Paralegal Specialist

Office of Trademark Services

Post Registration Division

(571)272-9122

 

 

 

 

 

 

 

 

Deborah Ahmed

 

 

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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.