UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/072792
APPLICANT: Global Crossing North America, Inc.
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CORRESPONDENT ADDRESS: JEFFREY C. PARNELL, ESQ. GLOBAL CROSSING NORTH AMERICA, INC. 180 SOUTH CLINTON AVENUE ROCHESTER, NEW YORK 14646
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom114@uspto.gov
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MARK: LOOKOUT
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/072792
This letter responds to the applicant's Statement of Use filed on July 22, 2002. The Statement of Use has not been accepted for the reason outlined below.
The drawing displays the mark as LOOKOUT. However, this differs from the display of the mark on the specimen, where it appears as either FRONTIERNET LOOK OUT or FRONTIERNET LOOKOUT plus a design element. The applicant cannot amend the drawing to conform to the display on the specimen because the character of the mark would be materially altered. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i).
Therefore, the applicant must submit a substitute specimen that shows use of the mark as it appears on the drawing. 37 C.F.R. §2.51; TMEP §807.14. 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) and 2.72(b); TMEP §904.09.
The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. Section 1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/ Hellen M. Bryan-Johnson /
Trademark Examining Attorney
Law Office 114
(703) 308-9114 ext 157
e-mail www.ecom114@uspto.gov
fax (703) 746-8114
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.