UNITED STATES PATENT AND TRADEMARK OFFICE
REGISTRATION NO: 2,481,928
REGISTRANT: PAXAR AMERICAS, INC.
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January 19, 2007 *2481928* |
CORRESPONDENT ADDRESS: SEEMA R. SHAH FAEGRE & BENSON LLP 2200 NORWEST CENTER 90 SOUTH SEVENTH STREET MINNEAPOLIS, MN 55402-3901 |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: S
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CORRESPONDENT’S REFERENCE/DOCKET NO: 52154-225478
CORRESPONDENT EMAIL ADDRESS:
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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 Registation Division. 4. Your telephone number and e-mail address.
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Registration Number 2,481,928
The Sections 8 & 15 Combined Affidavit submitted on September 14, 2006, cannot be accepted or acknowledged for the reasons set forth below.
Specimen (Deficiency)
The owner must submit a paper copy of the substitute specimen(s) identical in content to the electronic specimen(s) originally filed with the Section 8 Affidavit. This paper copy substitute specimen(s) must be readable and legible, and does not appear to show the mark identified in the registration. For technical reasons, the originally submitted electronic specimen(s) of record cannot be printed. TMEP §1604.12(b).
If the substitute specimen(s) being submitted is identical to the specimen(s) that was originally filed with the Section 8 Affidavit, then the owner should include a statement that the substitute specimen is a true copy of the specimen originally submitted. No verification or fee is necessary. TMEP §1604.12(b).
If the substitute specimen(s) is not identical to the specimen(s) originally submitted, then the owner must also submit a statement that the substitute specimen(s) was in use in commerce during the relevant period for filing the 6-year Section 8, 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). If the non-identical specimen is submitted after the relevant period for filing the 6-year Section 8, then a deficiency surcharge of $100 must be submitted. 37 C.F.R. §§2.6 and 2.164(a).
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the mailing date of this Office action or prior to expiration of the 6th year anniversary date on August 28, 2007, whichever is later. 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.
Sincerely,
Tammy Logan
TM Specialist
Post Registration Division
571-272-4288 office
571-273-4288 fax
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.
Tammy Logan
TM Specialist
Post Registration Division
(Registration No. 2,481,928)
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 6-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.
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
The following persons are authorized to sign a Section 8 Affidavit on behalf of the owner:
(1) A person with legal authority to bind the owner;
(2) A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; and
(3) An attorney as defined in 37 C.F.R. §10.1(c) who has actual or implied written or verbal power of attorney from the owner.
37 C.F.R. §2.161(b); TMEP §1604.08(a).