UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/188709
APPLICANT: HYI
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CORRESPONDENT ADDRESS: KENNETH A. LUER ERVIN COHEN & JESSUP LLP 9401 WILSHIRE BLVD FL 9 BEVERLY HILLS CA 90212-2928
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom116@uspto.gov
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MARK: ARAPAHO
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CORRESPONDENT’S REFERENCE/DOCKET NO: 6991-4
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 76/188709
The assigned examining attorney has reviewed the statement of use filed on May 12, 2003 and has determined the following.
The drawing displays the mark as ARAPAHO against an oval or elliptical design with a white background. This differs from the display of the mark on the specimen, where it appears as ARAPAHO against an oval or elliptical design with a black background. The applicant must either:
(1) submit a new drawing of the mark that agrees with the specimen; or
(2) submit a substitute specimen that shows use of the mark shown in the drawing.
The applicant may not amend the drawing if the amendment would materially alter the character of the mark. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i).
If a substitute specimen is submitted, 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) and 2.72(b); TMEP §904.09. The following is a properly worded declaration under 37 C.F.R. §2.20. At the end of the response, the applicant should insert the declaration signed by a person authorized to sign under 37 C.F.R. §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)
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(Print or Type Name and Position)
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(Date)
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. Electronically-filed responses must include a valid electronic signature. The Office will accept any combination of letters, numbers, spaces and/or punctuation marks placed between two forward slash (“/”) symbols as an electronic signature. 37 C.F.R. §§1.4(d)(1)(iii) and 2.33(d); TMEP §§304.08 and 804.05.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Kathleen de Jonge/
Examining Attorney, Law Office 116
(703) 306-7916
(703) 746-8116 (fax)
ecom116@USPTO.gov (formal responses)
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.
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.