To: | PLATYPUS WEAR, INC. (kking@badboy.com) |
Subject: | U.S. Trademark Registration No. 3667065 - BAD BOY - N/A |
Sent: | 07/18/19 09:47:22 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. 3667065
Mark: BAD BOY
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Correspondence Address: |
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Owner: PLATYPUS WEAR, INC.
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: July 18, 2019
The Combined Section 8 Affidavit & Section 9 Renewal Application received on June 19, 2019, 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 US 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 and/or services identified in 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 and/or services per class. Id. If proof of use for the goods and/or services identified is not available, the identified goods and/or services and any other goods and/or services not currently in use should be deleted from the registration.
Therefore, the owner or holder/owner must submit the following:
(1) Proof of current use of the registered mark in commerce for the following goods and/or services:
· “focus mitts used for training boxers, fighters, mixed martial artists and other combat athletes” and “mouth guards all for athletic use” in International Class 28; and
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The owner or holder/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 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 and/or services that each individual piece of evidence of current proof of use supports. See id.
Acceptable proof of use for goods includes photographs that show the mark on the actual goods or packaging, or photographs of displays associated with the actual goods at their point of sale. A tag or label that is not shown affixed to the goods is not acceptable proof of use. Similarly, a package that does not show or identify the goods therein is not acceptable proof of use.
Acceptable proof of use for services includes signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services.
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 or holder/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 proof of use and specimen(s), 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
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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 the goods and/or services identified for the audit, and goods and/or services remain in the registration without acceptable proof of use, a second Office action will issue requiring proof of use for all remaining goods and/or services for which proof of use is not of record. See 37 C.F.R. §§2.161(h), 7.37(h). Therefore, the owner or holder/owner should delete all goods and/or services for which proof of use cannot be provided.
ADVISORY: If a response to this Office action is not filed within the response deadline above, and time remains in the grace period, the registrant may avoid cancellation and/or expiration of its registration by filing a new affidavit of use and a new renewal application within the grace period. 37 C.F.R. §§2.163(c) and 2.184(b)(1). Additional fees are required to file a new renewal application during the grace period. 37 C.F.R. §§2.161(d)(1)-(2) and 2.183(b)-(c). For more information about this, please contact the undersigned.
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.
/Rodney Makel/
Program Analyst
USPTO - Office of Trademark Quality Review & Training
Phone: (571) 272-2250
Fax: (571) 273-9539
Email: Rodney.Makel@uspto.gov
RESPONSE GUIDANCE
These changes are being made to increase customer compliance with federal trademark law, improve the accuracy of trademark submissions to the USPTO, and safeguard the integrity of the U.S. trademark register. See the U.S. Counsel Rule change webpage for more information.