UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/197052
APPLICANT: Marques, Jean Pierre
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CORRESPONDENT ADDRESS: MICHAEL S. NEUSTEL 2534 S UNIVERSITY DR STE NO 4 FARGO ND 58103-5700
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: HEALTHLADDER
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CORRESPONDENT’S REFERENCE/DOCKET NO: MARQ-005
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 76/197052
The assigned examining attorney has reviewed the referenced Statement of Use and determined the following.
Substitute Specimens :
Applicant’s specimens for the goods in class 28 and the services in class 41 are acceptable. However, the specimen does not show use of the mark for any goods identified for class 16 in the statement of use. Applicant’s specimen for class 16 appears to be merely a promotional brochure for applicant’s goods and not an actual pamphlet or book. The applicant must submit a specimen showing use of the mark for the goods/services 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).
Applicant is also advised that it has not made any reference to the class 9 goods. If applicant intends to delete these goods from the application, the applicant must indicate so. Otherwise, applicant must submit a specimen, provide dates of use and the appropriate fee ($100.00) for the goods.
/Won T. Oh/
Law Office 114
(703) 308 - 9114 x-176
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.