Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/067365

 

The assigned examining attorney has reviewed the statement of use filed on May 15, 2003 and has determined the following.

 

The Office has reassigned this application to the undersigned examining attorney.

 

The examining attorney has reviewed the statement of use and has determined that the following issues are outstanding.

 

With respect to international class 35, the specimen is unacceptable because it is illegible and does not clearly refer to the services.

 

With respect to international class 42, the specimen is unacceptable as evidence of actual service mark use because the specimens are showing use for arranging and conducting conferences  which are services in class 41.  Acceptable specimens for class 42 as recited would include a specimen that refers to the provision of facilities for hosting conferences or specimens that refer to the applicant’s medical research and medical services or the applicant’s legal services.  TMEP §904.05. 

 

The applicant must submit a specimen showing the mark as it is used in commerce for the services.  37 C.F.R. §§2.56 and 2.88(b)(2).  Examples of acceptable specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services.  TMEP §1301.04.  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.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

/D. Beryl Gardner/

D. Beryl Gardner

Examining Attorney - LO 112

410/997-6378

703/308-9112  x180

www.gov.uspto.report/teas/index.html (file responses)

beryl.gardner@uspto (submit questions 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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.