To: | TOMMY HILFIGER LICENSING LLC (mgrieco@dreierllp.com) |
Subject: | TRADEMARK APPLICATION NO. 76175693 - TOMMY HILFIGER - N/A |
Sent: | 10/31/08 1:26:26 PM |
Sent As: | EComPRU |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
REGISTRATION NO: 2,575,670
REGISTRANT: TOMMY HILFIGER LICENSING LLC
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10/31/08
*2575670* |
CORRESPONDENT ADDRESS: Steven R Gursky Dreier LLP 499 Park Avenue New York NY 10022
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RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: TOMMY HILFIGER
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: mgrieco@dreierllp.com |
Please provide in all correspondence:
1. Registration date, registration number, mark and registrant's name. 2. Date of this Office Action. 3. Examiner's name and Post Registration Division. 4. Your telephone number and e-mail address.
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Registration Number 2,575,670
The Sections 8 & 15 Combined Affidavit submitted on October 17, 2008, cannot be accepted or acknowledged for the reasons set forth below.
The owner must submit a statement that clarifies the goods and/or services in the registration for which the mark is still in use in commerce. 15 U.S.C. §1058(b); 37 C.F.R. §2.161(e) (1); TMEP §1604.09(a). This statement must be verified with an affidavit or a signed declaration under 37 C.F.R. §2.20.
The Section 8 Affidavit of record lists goods and/or services that are different from the goods and/or services identified in the registration. Specifically, the Section 8 Affidavit identifies the goods and/or services as “underwear with deleting full line of apparel, footwear and headwear,” and the registration identifies the goods and/or services as “full line of apparel, footwear and headwear without underwear.” The identification of goods and/or services set forth in the Section 8 Affidavit cannot be different from or broader in scope than those listed in the registration.
If the Section 8 Affidavit is intended to cover fewer than all the goods and/or services in the registration, then the owner must specify the goods and/or services being deleted. 37 C.F.R. §2.161(e) (2). Goods and/or services omitted from a Section 8 Affidavit will be deleted from the registration.
The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the Section 8 Affidavit, if properly signed and dated:
The owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the <6-year Section 8>, that is, <between the 5th and 6th year anniversary after the date of registration or the date of publication under 15 U.S.C. §1062/within one year before the end of a 10-year period after the date of registration>.
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 statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
__________________________
Signature of Authorized Person
__________________________
Type or Print Name
__________________________
Date
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the mailing date of this Office action. The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration. 37 C.F.R. §2.163(b); TMEP §§1604.16 and 1604.17(b).
DEFICIENCY SURCHARGE: The owner must submit a $100 deficiency surcharge if its response to this Office action is received after the expiration of the grace period, i.e., after DECEMBER 4, 2008. 37 C.F.R. §§2.6 and 2.164(a) (2).
Arlene L. Clinkscales
Trademark Specialist
Post Registration Division
(571) 272-9519
(571) 273-9519 (fax)
Arlene.Clinkscales@uspto.gov
How to respond to this Office Action:
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the registration number, the words 'Post Registration' and the examiner'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 EXAMINER.