UNITED STATES PATENT AND TRADEMARK OFFICE
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REGISTRATION NO: 2,455,461
REGISTRANT: SAMSON ROPE TECHNOLOGIES, INC.
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July 10, 2007
*2455461* |
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CORRESPONDENT ADDRESS: Denise I. Mroz Woodcock Washburn LLP 2929 Arch Street Cira Centre, 12th Floor Philadelphia PA 19104-2891 |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: WARPSPEED
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CORRESPONDENT’S REFERENCE/DOCKET NO: SRT-0021
CORRESPONDENT EMAIL ADDRESS: trademarks@woodcock.com |
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 2,455,461
The Sections 8 & 15 Combined Affidavit submitted on May 29, 2007, cannot be accepted or acknowledged for the reasons 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 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)(1); TMEP §1604.12(c).
The current specimen comprises advertising and/or marketing materials which are unacceptable to show trademark use for goods because they do not show use of the registered mark on the goods or on packaging for the goods. TMEP §904.05.
Examples of acceptable specimens for goods include tags, labels, instruction manuals, and photographs that show the mark on the goods or on packaging for the goods. TMEP §904.04 et seq.
The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the Section 8 Affidavit, if properly signed and dated:
The owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 6-year Section 8, that is, between the 5th and 6th year anniversary after the date of registration or the date of publication under 15 U.S.C. §1062.
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
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Signature of Authorized Person
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Type or Print Name
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Date
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the mailing date of this Office action. 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 REQUIRED: The owner must submit a $100 deficiency surcharge with its response to this Office action. 37 C.F.R. §§2.6 and 2.164(a)(1).
Ms. Catherine R. Hill
Affidavit/Renewal Examiner
Post Registration Division
Office of Trademark Services
(571) 272-9530
Fax (571) 273-9530
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.