UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/049050
APPLICANT: UNIVERSAL LIGHTING TECHNOLOGIES, INC.
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CORRESPONDENT ADDRESS: EMILY A SHOUSE WADDEY & PATTERSON 414 UNION STREET SUITE 2020 BANK OF AMERICA PLAZA NASHVILLE TN 37219 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: UNIVERSAL PRECISE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 2085
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 76/049050
The assigned examining attorney has reviewed the statement of use filed on October 9, 2003 and has determined the following.
Applicant must submit (1) a substitute specimen showing the mark as it is used in commerce on the goods or on packaging for the goods, and (2) a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.56, 2.59(b)(2) and 2.88(b)(2); TMEP §§904.09 and 1109.09(b).
The current specimen of record comprises advertising materials and a parts list and is unacceptable as evidence of actual trademark use because they do not show the mark on the goods. Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material, while normally acceptable for showing use in connection with services, generally are not acceptable specimens for showing trademark use in connection with goods. In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979); See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984); TMEP §§904.05 and 904.07.
Examples of acceptable specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §§904.04 et seq.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Brian Neville/
Trademark Examining Attorney
Law Office 114
(703) 308-9114 ext.143
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.