UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/158068
APPLICANT: F. Schumacher & Co.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: GROWING UP WITH WAVERLY
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CORRESPONDENT’S REFERENCE/DOCKET NO: FSR 0010534
CORRESPONDENT EMAIL ADDRESS: |
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 76/158068
The assigned trademark examining attorney has reviewed the statement of use and has determined the following.
In the statement of use, applicant has described the goods more narrowly than those described in the notice of allowance and it is not clear to what extent applicant intended to restrict the identification. It is clear that applicant has deleted the goods in Classes 11 and 20. However, it is not clear if applicant intended to also delete some of goods in Class 24. Applicant must specifically amend the application to identify the goods listed in the statement of use for Class 24. TMEP §§1109.11(b) and 1109.13.
If applicant amends the statement of use to add the omitted goods and/or services, then applicant must also include a statement that “the applicant used the mark on or in connection with the additional goods and/or services in commerce before expiration of the time period for filing a statement of use,” properly verified with a notarized affidavit or a signed declaration in accordance with 37 C F R §2 20. 37 C.F.R. §2.88(i)(2); TMEP §1109. 13.
The goods specified in the amended identification may not exceed the scope of those set forth in the notice of allowance. Also, if the application has been expressly amended to delete from the identification any goods and/or services set forth in the notice of allowance, those items may not be re-inserted in the identification. See 37 C.F.R. §2.71(a).
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
My Law Office will move on October 28, 2004. To reach me by phone after that date call (571) 272-9192.
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9105.
/Fred Mandir/
Examining Attorney
Law Office 105
(703) 308-9105 ext. 151
(703) 872-9825 (fax)
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 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.