Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/148151

 

The assigned examining attorney has reviewed the statement of use filed on April 16, 2003 and has determined the following.

 

SPECIMENS

 

The specimens do not show use of the mark for any goods identified in the application.  The applicant must submit one  specimen showing use of the mark for the goods specified.  37 C.F.R. Sections 2.56 and 2.58.  The applicant must verify, with an affidavit or a declaration under 37 C.F.R. Section 2.20, that the substitute specimens were in use in commerce at least as early as the filing date of the application.  37 C.F.R. Section 2.59(a); TMEP section 905.10.

 

Applicant has filed a statement of use attesting to use of the mark on its goods in class 16, namely, “Printed matter, namely newsletters, brochures, books in the field of aviation history, postcards, greeting cards, posters, stationary, flyers, in the field of aviation history, games and puzzles on aviation artwork, essays in the field of aviation history and, book reviews in the field of aviation history.”  Applicant has submitted photographs of the mark used on the side of an airplane.  This is unacceptable as use on the goods in class 16.  Applicant must provide a specimen for one of the goods in class 16.

 

RESPONSE

 

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.

 

 

 

/Margery A. Tierney/

Examining Attorney, Law Office 111

703-308-9111, ext 220

fax: (703)746-6402

 

 

 

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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.