To: | BUCKLE BRANDS, INC. (trademark@cll.com) |
Subject: | U.S. Trademark Registration No. 2378202 - RECLAIM - 29648-000 |
Sent: | 09/09/20 10:59:15 AM |
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. 2378202
Mark: RECLAIM
|
|
Correspondence Address: |
|
Owner: BUCKLE BRANDS, INC.
|
|
Reference/Docket No. 29648-000
Correspondence Email Address: |
|
OFFICE ACTION
The USPTO must receive the owner’s response to this letter within the time period specified below. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears below.
Issue date: September 9, 2020
The Combined Section 8 Affidavit & Section 9 Renewal Application received on August 17, 2020 is otherwise acceptable; however, the owner of the registration must comply with an audit as explained below.
Registration Selected for Audit
The USPTO is performing random audits of U.S. 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 declaration of use submitted to maintain the registration.
Detailed information regarding the audit program is provided on the following webpage – http://www.gov.uspto.report/trademarks-maintaining-trademark-registration/post-registration-audit-program.
To comply with the audit, you must submit proof of use of the registered mark for two additional goods per class. Id.
Specifically, the owner/holder must submit the following:
(1) Proof of current use of the registered mark in commerce for the following goods:
“Swimwear” and “belts” in International Class 25; 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 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).
Additionally, you must identify the corresponding goods supported by each item submitted as proof of use. See id.
Examples of proof of use. Electronic proof of use may be an actual image, such as a photograph, scanned copy, or screen capture, of the physical item.
Acceptable proof of use for goods includes the mark shown on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Tags or labels must be shown affixed to the goods or must consist of actual tags or labels that identify the specific goods on which they are used and include informational matter that typically appears on a tag or label in use in commerce for these types of goods. Similarly, a package must show or identify the goods therein. A webpage submitted as a display associated with the goods must show the mark in association with a picture or textual description of the goods and include information necessary for ordering the goods.
Any webpage printout or screenshot submitted as a specimen, whether for goods, must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
If proof of use for the requested goods is unavailable, the identified goods and any other goods not currently in use should be deleted from the registration. Please see the WARNING below for the possible consequence of deleting any goods identified for audit.
Form Declaration
Please note that the below statement verifying proof of use is slightly different than the standard substitute specimen statement.
The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the use of the mark as evidenced by the item(s) submitted as proof of use, if properly signed and dated:
The owner was using the mark in commerce on or in connection with the goods 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 any of the goods identified for the audit, and 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 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.
If the owner deletes any audited goods, it may provide proof of use for all remaining goods for which proof of use is not of record to avoid a possible second Office action.
How to respond. Click to file a Response to Post-Registration Office action.
Direct questions about this Office action to the Post Registration staff member below.
/Celia Abednego/
Celia Abednego
United States Patent and Trademark Office
Post Registration Division (Work Project)
Wk. Phone: 571-272-9492
celia.abednego@uspto.gov
RESPONSE GUIDANCE