Offc Action Outgoing

VEGAN

VEGAN SOCIETY, THE

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 75/687964

APPLICANT: VEGAN SOCIETY, THE

CORRESPONDENT ADDRESS:

PAUL F. KILMER

HOLLAND & KNIGHT LLP

2099 PENNSYLVANIA AVE NW STE 100

WASHINGTON DC 20006-6801

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom108@uspto.gov

MARK: VEGAN

CORRESPONDENT’S REFERENCE/DOCKET NO: ROU30.10

CORRESPONDENT EMAIL ADDRESS:

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examining Attorney's name and

Law Office number.

4. Your telephone number and e-mail address.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 75/687964

The Office has reassigned this application to the undersigned-examining attorney. The statement of use is denied acceptance for the following.

The applicant has specified a date of first use of the mark in commerce, which is earlier than the date of first use anywhere. This is not possible because use in commerce by definition includes use anywhere. TMEP §903.04. Therefore, the applicant must amend the dates‑of‑use clause to specify a date of first use anywhere that is not later than the date of first use in commerce. The applicant must verify this amendment with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.04 and 903.05.

The specimen shows use of the federal registration symbol with the mark; however, Office records do not show that the mark is registered. The applicant may not use the federal registration symbol until a mark is registered in this Office. After registration of the mark, the applicant may use the symbol only with the specific goods or services recited in the registration. TMEP §§906 and 906.02.

Further action awaits response by the applicant to the above.

Samuel E.Sharper, Jr.

Trademark Examining Attorney

Law Office 108, (703) 308-9108 ext. 199

Ecom108@USPTO.GOV

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’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 general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

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