UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/022893
APPLICANT: eBay Inc.
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*76022893* |
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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
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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
This letter responds to the applicant’s communication filed on June 28, 2004.
In the prior Office action, a requirement was made for clarification of the dates of first use of the mark. The applicant has amended the dates of first use to identify a date after the filing of the statement of use, as well as after the date of execution of the amendment, namely, June 26, 2004. If accurate, this date invalidates the statement of use.
The applicant must amend the dates‑of‑use clause to specify a date of first use anywhere and a date of first use in commerce that are prior to the date of filing the statement of use, if accurate. 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.
If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/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 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.