To: | McCormick & Company, Incorporated (TMDocket@mofo.com) |
Subject: | TRADEMARK REGISTRATION NO. 2184252 - MC MCCORMICK - 274146555000 |
Sent: | 02/20/18 02:12:22 PM |
Sent As: | PRG@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION
U.S. REGISTRATION NO. 2184252
OWNER: McCormick & Company, Incorporated
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CORRESPONDENT’S ADDRESS: |
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MARK: MC MCCORMICK
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CORRESPONDENT’S REFERENCE/DOCKET NO. 274146555000
CORRESPONDENT’S EMAIL ADDRESS: |
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CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER AND SELECT FORM NUMBER 11:
http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp
ISSUE/MAILING DATE: 2/20/2018
U.S. Registration Number 2184252
REGISTRATION SELECTED FOR AUDIT
The USPTO is performing random audits of US trademark registrations to assess and promote the accuracy and integrity of the trademark register. See 37 C.F.R. §§2.161(h), 7.37(h). This registration has been randomly selected for audit to determine whether the mark is in use with all of the goods identified in the registration.
To comply with the audit, you must submit proof of use of the registered mark for two additional goods per class, as identified below. Id. If proof of use for the goods identified below is not available, the identified goods and any other goods not currently in use should be deleted from the registration.
Therefore, the owner must submit the following:
(1) Proof of current use of the registered mark in commerce for the following goods:
“soup mixes” and “dairy based food beverage mixes” in International Class 29; and
“seasoning mixes and roasting bags combined in unitary packages” and “spaghetti sauce mix” in International Class 30.
And:
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “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 proof of use, during the relevant period for filing the affidavit of use.” 37 C.F.R. §§2.161(h), 7.37(h).
Acceptable proof of use for goods includes photographs that show the mark on the actual goods or packaging, or photographs of displays associated with the actual goods at their point of sale. A tag or label that is not shown affixed to the goods is not acceptable proof of use. Similarly, a package that does not show or identify the goods therein is not acceptable proof of use.
Form Declaration
The following statement and declaration under 37 C.F.R. § 2.20 should be properly signed and dated and submitted in response to this audit to verify the use of the mark, as evidenced by the items submitted as proof of use.
Please note that the first paragraph of the below statement verifying proof of use is slightly different than the standard substitute specimen statement. Therefore, when responding to this Office Action, you should copy and paste the first paragraph of the below statement into the free-text entry box in the online response form:
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 proof of use, during the relevant period for filing the affidavit of use.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that the facts set forth above are true; 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
WARNING: If your response to this Office action does not meet the requirements of the audit, or includes a request to delete the goods identified for the audit, and other goods remain in the registration without acceptable proof of use, a second Office action will issue requiring proof of use for all remaining goods for which proof of use is not already of record. See 37 C.F.R. §§2.161(h), 7.37(h). Therefore, the owner should delete all goods for which proof of use cannot be provided.
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the issuance date of this Office action or on or before the registration expiration date of 08/25/2018, whichever is later. The owner must respond to all inquiries set forth in this Office action to avoid cancellation and/or expiration of the registration. If a response is not received, and there is no time remaining in the grace period to file a new affidavit and/or renewal application, the registration will cancel and/or expire in its entirety. 37 C.F.R. §§2.163(b)-(c) and 2.184(b)(1); TMEP §§1604.16 and 1606.12.
ADVISORY: If a response to this Office action is not filed within the response deadline above, and time remains in the grace period, the registrant may avoid cancellation and/or expiration of its registration by filing a new affidavit of use and a new renewal application within the grace period. 37 C.F.R. §§2.163(c) and 2.184(b)(1). Additional fees are required to file a new renewal application during the grace period. 37 C.F.R. §§2.161(d)(1)-(2) and 2.183(b)-(c).
HOW TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) online response form titled Response to Post-Registration Office action, which is form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.
/Kristin Carlson/
Trademark Examiner, LO 105
571-272-2240
kristin.carlson@uspto.gov
800-786-9199 (Trademark Assistance Center)
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned specialist. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this registration will be placed in the official registration record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual owner or someone with legal authority to bind an owner (i.e., a corporate officer, a general partner, all joint owners). If an owner is represented by an attorney, the attorney must sign the response.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.