UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/022893
APPLICANT: eBay Inc.
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CORRESPONDENT ADDRESS: LARISSA A.J. KEHOE COOLEY GODWARD LLP ONE MARITIME PLAZA 20TH FLOOR SAN FRANCISCO, CA 94111-3580 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
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MARK: EBAY
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CORRESPONDENT’S REFERENCE/DOCKET NO: eBay Inc./EB
CORRESPONDENT EMAIL ADDRESS:
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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.
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Serial Number 76/022893
The assigned examining attorney has reviewed the statement of use filed on January 16, 2004, and has determined the following.
The applicant has specified a date of first use of the mark in commerce (6/23/2003) which is earlier than the date of first use anywhere (6/26/2003). 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.
/LGKovalsky/
Laura Gorman Kovalsky
Trademark Attorney
703/308-9110, x147
703/746-8110 - fax
(for informal inquiries only)
The United States Patent and Trademark Office issued the Third Edition of the Trademark Manual of Examining Procedure (TMEP), January, 2002, available at www.gov.uspto.report/go/tmep. References to the TMEP correspond to the Third Edition.
CHANGE OF CORRESPONDENCE ADDRESS
Applicants may now file changes of correspondence address via a new form on TEAS. Address changes may be performed on up to 20 cases at a time. The Trademark Office strongly encourages applicants to use this time-saving form which is available online at:
<http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm>
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.