I will be out of the office (for my wedding) until Monday, November 17
and will not have access to email. If you need immediate assistance,
please contact Linda Henson at 317-713-3487 or Karen Davis at
317-713-3475. Thank you. Michelle Kaiser - soon to be Michelle Kaiser
Bray!
>>> ecom103 11/07/03 16:03 >>>
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/190915
APPLICANT: thePlatform for Media, Inc.
CORRESPONDENT ADDRESS:
Michelle A. Kaiser
Sommer Barnard Ackerson
One Indiana Square, Suite 3500
Indianapolis IN 46204
RETURN ADDRESS:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, VA 22202-3514
ecom103@uspto.gov
MARK: THEPLATFORM
CORRESPONDENT'S REFERENCE/DOCKET NO: 1122
CORRESPONDENT EMAIL ADDRESS:
mkaiser@sbalawyers.com
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.
OFFICE ACTION
TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE
ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.
Serial Number 76/190915
This letter responds to the applicant's communication filed on 8-12-03.
The applicant has amended the recitation of services.
This is acceptable.
However, the applicant has not provided the necessary declaration for
the amendment to allege use.
The requirement to provide a declaration alleging use is CONTINUED and
made FINAL.
DECLARATION
The applicant has not provided the proper declaration with the amendment
to allege use. The applicant must do so before the examining attorney
can accept the amendment to allege use. The applicant may copy this
sample declaration, sign, date and submit it. The response contains a
signature but no declaration. If the applicant has difficulties using
the ETEAS system, it may fax or mail the declaration to the PTO.
Following is a sample declaration under 37 C.F.R. Section 2.20.
SAMPLE DECLARATION
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 he/she is properly authorized to execute this Amendment to Allege
Use or Statement of Use on behalf of the applicant; he/she believes the
applicant to be the owner of the trademark/service mark
sought to be registered; the trademark/service mark is now in use in
commerce; and that all statements made of his/her own knowledge are true
and all statements made on information and belief are believed to be
true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
The requirement to provide a declaration alleging use is CONTINUED and
made FINAL.
If the applicant has any questions or needs assistance in responding to
this Office action, please telephone the assigned examining attorney.
OPTIONS
Please note that the only appropriate responses to a final action are
either (1) compliance with the outstanding requirements, if feasible, or
(2) filing of an appeal to the Trademark Trial and Appeal Board. 37
C.F.R. Section 2.64(a). If the applicant fails to respond within six
months of the mailing date of this refusal, this Office will declare the
application abandoned. 37 C.F.R. Section 2.65(a).
/Anne Madden/
Trademark Examining Attorney
Law Office 103
(703) 308-9103 ext. 130
ecom103@uspto.gov
(703) 746-8103 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.
To check the status of your application at any time, visit the Office's
Trademark Applications and Registrations Retrieval (TARR) system at
http://tarr.gov.uspto.report/
For general and other useful information about trademarks, you are
encouraged to visit the Office's web site at
http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE
ASSIGNED EXAMINING ATTORNEY.