UNITED STATES PATENT AND TRADEMARK OFFICE
REGISTRATION NO: 2,670,901
REGISTRANT: DIGITAL KEYSTONE, INC.
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December 10, 2008
*2670901* |
CORRESPONDENT ADDRESS: PAOLO SICCARDO DIGITAL KEYSTONE INC 1975 W. EL CAMINO REAL #306 MOUNTAIN VIEW, CA 94040
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RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: THE POD
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 2,670,901
The Section 8 Affidavit, filed on December 4 2008, is not accepted for the reason(s) set forth below.
The owner must submit (1) a substitute specimen showing current use in commerce of the registered mark on or in connection with the goods and/or services in the registration, and (2) a statement that the substitute specimen was in use in commerce during the relevant period for filing the 6-year Section 8. This statement must be verified with an affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.161(g); TMEP §1604.12(c).
The specimen submitted does not show the registered mark.. See attached copy.
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 January 7 2009, 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.
DEFICIENCY SURCHARGE: The owner must submit a $100 deficiency surcharge if its response to this Office action is received after the expiration of the grace period, i.e., after July 7 2009. 37 C.F.R. §§2.6 and 2.164(a)(2).
Patricia A Everett, Paralegal Specialist
Office of Trademark Services
Post Regisration Division
(571) 272-9523
FAX (571) 273-9523
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.