UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/117160
APPLICANT: Captive-Aire Systems, Inc.
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CORRESPONDENT ADDRESS: LARRY L. COATS COATS & BENNETT PO BOX 5 RALEIGH NC 27602-0005
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: RAMS
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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 76/117160
The assigned examining attorney has reviewed the statement of use filed on January 29, 2002 and has determined the following.
The applicant filed its allegation of use on January 29, 2002. The only specimen in the record appears to have been transmitted electronically on July 8, 2003. Please clarify whether a specimen was originally submitted with the statement of use or if the July 8, 2003 specimen is a duplicate copy of the original specimen. It is unclear whether the minimum requirements for filing a statement of use were met by the applicant. As the July 8, 2003 specimen appears to be a substitute specimen, please submit the following statement to verify use of the specimen in commerce.
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).
The July 8, 2003 specimen is also unacceptable as evidence of actual trademark use because it does not show use of the mark in conjunction with the identified goods and because the precise nature of the specimen is unclear. The facsimile of the specimen merely shows the word RAMS on a blank page. The applicant must submit a specimen showing the mark as used in commerce. 37 C.F.R. §§2.56 and 2.88(b)(2). Examples of acceptable specimens are tags, labels, instruction manuals, containers or photographs that show the mark on the goods or packaging. TMEP §904.04 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. Jim Dandy Co. v. Siler City Mills, Inc., 209 USPQ 764 (TTAB 1981); 37 C.F.R. §2.59(b); TMEP §§904.09 and 1109.09(b).
The following is a properly worded declaration under 37 C.F.R. §2.20. At the end of the response, the applicant should insert the declaration signed by a person authorized to sign under 37 C.F.R. §2.33(a).
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 statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
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(Signature)
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(Print or Type Name and Position)
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(Date)
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Mary Boagni /meb/
Examining Attorney, Law Office 114
Telephone: (703) 308-9114 ext. 207
Law Office 114 Fax: (703) 746-8114
ecom114@uspto.gov (for formal responses)
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.
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be 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 for classes added on or after January 1, 2003.