UNITED STATES PATENT AND TRADEMARK OFFICE
REGISTRATION NO: 2,718,431
REGISTRANT: Engl, Edmund
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January 16, 2009
*2718431* |
CORRESPONDENT ADDRESS: DONNA J BUNTON NIXON & VANDERHYE PC 901 NORTH GLEBE ROAD, 11TH FLOOR ARLINGTON, VA 22203-1808
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RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ENGL
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CORRESPONDENT’S REFERENCE/DOCKET NO: 265-80
CORRESPONDENT EMAIL ADDRESS:
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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 2,718,431
The Section 8 Affidavit, filed on November 24, 2008, is not accepted for the reason(s) set forth below.
Specimen Issue
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); TMEP §1604.12(c).
The specimen of record does not show use of the registered mark in commerce. It appears to be an artist’s rendering of the registered mark, and does not show the mark actually used in commerce on the goods or in the sale or advertising of the services.
Examples of acceptable specimens for goods includes labels, tags, instruction manuals, and photographs that show the mark on the goods or on packaging for the goods. TMEP §904.04 et seq. Examples of acceptable specimens for services includes signs, brochures, or advertisements that show the mark used in the sale or advertising of the services. TMEP §1301.04 et seq.
Specimen Declaration
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 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 Period
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the mailing date of this Office action or prior to expiration of the 6th year anniversary date on May 27, 2009, whichever is later. 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 and 1604.17(a).
DEFICIENCY SURCHARGE INFORMATION: A $100 deficiency surcharge must be submitted if the response to this Office action is received by the Office after May 27, 2009 date of 6th year anniversary. 37 C.F.R. §§2.6 and 2.164(a)(1).
/dda/
Dana D. Austin
Dana D. Austin
Trademark Specialist
Post Registration Division
571-272-9536
571-273-9536 Fax
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.