UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/088961
APPLICANT: Entopia, Inc.
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CORRESPONDENT ADDRESS: ANDREW J. GRAY HALE AND DORR LLP 60 STATE STREET BOSTON, MA 02109
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom105@uspto.gov
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MARK: KANGAROONET
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CORRESPONDENT’S REFERENCE/DOCKET NO: 24639-TM1001
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 76/088961 KANGAROONET
The assigned examining attorney has reviewed the statement of use filed on April 7, 2003 and has determined the following.
The specimen does not show use of the mark for any goods and services identified in the statement of use. The statement of use lists the goods and services as “computer software for creating searchable databases of information and data; computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information” and “computer services, namely, acting as an application service provider to host computer application software for creating searchable databases of information and data, and for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information,” but the specimen of use shows the proposed mark used in connection with a news article. As such, the specimen does not clearly indicate that the applicant uses the proposed mark in connection with the goods and services listed in the Statement of Use.
The applicant must submit a specimen showing use of the mark for the goods and services specified in the statement of use. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). Examples of acceptable specimens for GOODS are tags, labels, instruction manuals, containers or photographs that show the mark on the goods or packaging. TMEP §904.04 et seq. Examples of acceptable specimens for SERVICES are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services. TMEP §§1301.04 et seq. 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.
The statement supporting use of the substitute specimen must read as follows:
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.
The applicant must sign this statement either in affidavit form or with a declaration under 37 C.F.R. §2.20; TMEP §§904.09 and 1109.09(b).
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).
Response to Office Action
Please note: If the applicant submits a response via email, an electronic signature is required. An applicant, registrant or attorney may sign an e-mail communication by entering a “symbol” that he or she has adopted as a signature between two slashes. In addition, the Office will accept an e-mail communication containing the “/s/” (“/(signature)/”) notation in lieu of a signature. A scanned image of a document signed in ink is also acceptable, as long as the image is attached in .jpg or .gif format. TMEP Section 304.08.
Effective January 1, 2003, the fee for filing an application for trademark registration was increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class.
Danielle I. Mattessich
Trademark Attorney
Law Office 105
(703) 308-9105 ext. 261
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.