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. 

 

 

This letter responds to the applicant's communication filed on March 19, 2003.  The applicant filed its Statement of Use along with the required supporting specimens.  The assigned examining attorney has reviewed the referenced SOU and determined that the specimen is unacceptable.   

 

Specimen

 

The specimen submitted is unacceptable. The specimen is unacceptable as evidence of actual service mark use because it is an advertising flyer and does not show use of the mark for the services identified in the application.  The specimen shows use of the mark in connection with goods, namely a reagent as part of ah assay but does not show any association with any services.  Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are acceptable specimens for services.  In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979); TMEP sections 905.05 and 905.07.  See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984). 

 

The applicant must submit a specimen showing the mark as it is used in commerce on the services identified.  37 C.F.R. Section 2.56.  

 

The applicant must verify, with an affidavit or a declaration under 37 C.F.R. Section 2.20, that the substitute specimen was 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.

 

The statement supporting use of the substitute specimen must read as follows: 

 

The substitute specimen was in use in commerce at least as early as the filing date

of the application.

 

The applicant must sign this statement either in affidavit form or with a declaration under 37 C.F.R. Section 2.20. 

 

The following is a properly worded declaration under 37 C.F.R. Section 2.20.  At the end of the response, the applicant should insert the declaration signed by someone authorized to sign under 37 C.F.R. Section 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.

 

_____________________________

(Signature)

 

_____________________________

(Print or Type Name and Position)

 

_____________________________

(Date)

 

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.

 

Status Information

 

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.

 

 

 

 

Jeffrey S. DeFord

Examining Attorney

United States Patent & Trademark Office

Law Office 115

(703) 308-9115 x 197

jeffrey.deford@uspto.go