UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/043336
APPLICANT: PROSTICKS. COM LIMITED
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CORRESPONDENT ADDRESS: GUY D. YALE ALIX, YALE & RISTAS, LLP 750 MAIN STREET HARTFORD CONNECTICUT 06103
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK:
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CORRESPONDENT’S REFERENCE/DOCKET NO: HKPC/T16/35/
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 76/043336
This letter responds to the applicant’s communication filed on April 16, 2003.
Contrary to the examining attorney’s opinion in the preliminary review of the submitted specimens, the specimen fails to advertise the services in either International Class, including Class 36. Therefore, the requirement for specimens that advertise the Class 35 services and the refusal to register the mark pursuant to Sections 1, 2, 3 and 45 are CONTINUED pending submission of acceptable specimens. The examining attorney apologizes for any inconvenience that this requirement has caused.
The specimen does not show use of the mark for any services identified in the statement of use. The applicant must submit a specimen showing use of the mark for the services specified. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). 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); TMEP §904.09.
If an amendment of the dates-of-use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.05 and 1109.09(a).
The substitute specimen shows the use of the mark for a charting system. The first page of the specimen shows the mark along with the word PROSTICKS, and shows that the specimen is a “Prochart user documentation for gain capital.” It also shows the date of the documentation, April 20, 2002, and “Version 2.1” which also show that the specimen shows use of the mark for a software or charting system, not the specified services.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Tricia McDermott Thompkins /TMT/
Trademark Attorney
Law Office 114
Phone No.: 703-308-9114 x263
Fax No.: 703-746-8114/6506
Email: ecom114@uspto.gov
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.