UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/179115
APPLICANT: JODA ENTERPRISES, INC.
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CORRESPONDENT ADDRESS: SCOTT J SLAVICK BRINKS HOFER GILSON & LIONE PO BOX 10395 CHICAGO ILLINOIS 60610
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom114@uspto.gov
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MARK: HAND-TO-WORK PROMISE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 742/216
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 76/179115
This letter responds to the applicant’s Statement of Use filed on November 4, 2002. The applicant submitted a specimen which is accepted for the goods in Class 08 only.
The specimen does not show use of the mark for any goods in International Class 07 as identified in the statement of use. The goods in the specimen are clearly “hand operated tools”. Moreover, the flap cover warns that this tool is “not designed for use with air tools or power tools”. Therefore, the applicant must submit a substitute specimen showing use of the mark for the goods in International Class 07 specified. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). 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.
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).
/William T. Verhosek/
Examining Atty/LO 114
703-308-9114x142
(Off fax) 703-746-8114
(Off email) ecom114@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.