UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/025253
APPLICANT: FRITZ EGGER GESELLSCHAFT M.B.H. & CO.
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CORRESPONDENT ADDRESS: HERBERT DUBNO THE FIRM OF KARL F. ROSS, P.C. 5676 RIVERDALE AVENUE, BOX 900 RIVERDALE (BRONX), NY 10471-0900
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom116@uspto.gov
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MARK: CONTIFINE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 4995 TM
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 76/025253
The assigned examining attorney has reviewed the statement of use filed on May 14, 2003 and has determined the following.
The drawing displays the mark as CONTIFINE in stylized form. However, this differs from the display of the mark on the specimen, where it appears as EUROSTRAND OSB CONTIFINE in block print. The applicant must either:
(1) submit a new drawing of the mark that agrees with the specimen; or
(2) submit a substitute specimen that shows use of the mark shown in the drawing.
The applicant may not amend the drawing if the amendment would materially alter the character of the mark. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i).
Although the drawing can be amended to include the mark EUROSTRAND for Class 19, based on U.S. Registration No. 2,693,032, it cannot be amended for Class 20, since the applicant’s registration only covers the goods in Class 19. TMEP section 807.14(a).
Furthermore, the term OSB is not registered. However, the applicant has indicated that this term is generic for a type of wood. The applicant may submit evidence to support this contention.
If a substitute specimen is submitted, the applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use. 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §904.09.
The statement supporting use of the substitute specimen must read as follows:
The substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use.
The applicant must sign this statement either in affidavit form or with a declaration under 37 C.F.R. §2.20; TMEP §§904.09 and 1109.09(b).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Linda King/
Trademark Attorney
Law Office 116
703-306-7907
Linda.King@uspto.gov
(for informal communications only)
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.