UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/163273
APPLICANT: Oncotech, Inc.
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CORRESPONDENT ADDRESS: KEVIN E. NOONAN MCDONNELL BOEHNEN HULBERT & BERGHOFF 300 S WACKER DR CHICAGO IL 60606-6680
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
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MARK: UIC2 SHIFT
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CORRESPONDENT’S REFERENCE/DOCKET NO: 99,416-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 76/163273
This letter responds to the filing of the applicant’s Statement of Use.
The mark as depicted on the drawing disagrees with the mark as it appears on the specimen, and clarification is required. Applicant must submit a substitute specimen that shows use of the mark as it appears on the drawing and include a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed to applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.51, 2.59(b) and 2.72(b); TMEP §§807.14 and 904.09
In the present case, the drawing displays the mark as UIC2 SHIFT, and the specimen shows the mark as UIC-2 (MDR-1) SHIFT ASSAY. Applicant may not amend the drawing to conform to the display on the specimen because the essence or character of the mark would be materially altered, i.e., the mark on the specimen creates a different commercial impression from the mark on the drawing. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i). In addition, applicant may not withdraw the statement of use. 37 CFR §2.88(g).
If the applicant has any questions or needs assistance in responding to this office action, please contact the examining attorney.
/Dawn Feldman Lehker/
Trademark Attorney
United States Patent and Trademark Office
(703) 308-9111 ext. 132
F(703)746-8111
ecom111@uspto.gov
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.
DECLARATION
The specimens submitted were in use in commerce at least as early as the filing date of the Statement of Use.
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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