UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/160659
APPLICANT: Athlete Protection Gear, LLC
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CORRESPONDENT ADDRESS: THERESA F. CAMORIANO CAMORIANO AND ASSOCIATES 8225 SHELBYVILLE RD LOUISVILLE KY 40222-5421
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom115@uspto.gov
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MARK: ULTRA ATHLETE
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CORRESPONDENT’S REFERENCE/DOCKET NO: PET.110
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 76/160659
The assigned examining attorney has reviewed the Statement of Use for the referenced application and determined the following.
The examining attorney refuses registration because the proposed mark is used solely as a trade name and not as a service mark. Trademark Act Sections 1, 2, 3 and 45, 15 U.S.C. §§1051, 1052, 1053 and 1127. See In re Walker Process Equipment Inc., 233 F.2d 329, 110 USPQ 41 (C.C.P.A. 1956); In re Signal Companies, Inc., 228 USPQ 956 (TTAB 1986); Book Craft, Inc. v. BookCrafters USA, Inc., 222 USPQ 724, 726 (TTAB 1984); TMEP §1202.01.
The examining attorney will reconsider this refusal if the applicant submits a specimen showing use of the mark in the sale or advertising of the services. If the specimen differs from the specimen submitted with the statement of use, 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. 37 C.F.R. §2.59(b); TMEP §§904.09 and 1109.09(b).
If an amendment of the dates‑of‑use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.05 and 1109.09(a).
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.
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(Signature)
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(Print or Type Name and Position)
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(Date)
Bridgett Garrett Smith
Examining Attorney
Law Office 115
(703) 308-9115 x 217
(703) 872-9237 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 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.