IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
Applicant: International Business Machines Corporation
Docket No: RPS501001
Trademark: TRANSNOTE
Serial No.: 76/206362
Filed: February 7, 2001
Int. Class: 9, 16
Trademark Examining Attorney
Glenn Clark, Esq.
Law Office 115
Commissioner For Trademarks
Box Responses No Fee
2900 Crystal Drive
Arlington, Virginia 22202-3513
RESPONSE
This is to serve as the response of International Business Machines
Corporation (hereinafter “Applicant”) to the Office Action dated May 13,
2003, refusing the Class 9 and 16 specimens submitted with Applicant’s
statement of use filed on February 5, 2003.
REMARKS
Specimen
The Examining Attorney states that the specimens submitted are
unacceptable because they do not show use of the mark on instruction
manuals. Accordingly, Applicant submits herewith a substitute specimen
that demonstrates use of the mark on a hardware maintenance instruction
manual. Applicant attaches hereto the first four pages of the instruction
manual, which includes the cover and the table of contents.
Attached hereto is 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.
CONCLUSION
Applicant respectfully requests that the Examining Attorney
reconsider the refusal and pass this application to publication and
registration.
Respectfully submitted,
INTERNATIONAL BUSINESS MACHINES CORPORATION
/alexander tognino/
Alexander Tognino
Attorney for Applicant
tognino@us.ibm.com
September 26, 2003
IBM Corporation
Intellectual Property &
Licensing Department
North Castle Drive
Armonk, NY 10504-1785
(914) 765-4415
(See attached file: Transnote1.JPG)(See attached file: Transnote2.JPG)(See
attached file: Transnote3.JPG)(See attached file: Transnote4.JPG)
Declaration for Substitute Specimens
The substitute specimens were in use in commerce prior to the expiration of
the time allowed to the applicant for filing a statement of use. The
undersigned, being hereby warned that willful false statements and the like
so made are punishable by fine and 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
knowledge are true; and all statements made on information and belief are
believed to be true
/alexander tognino/
Alexander Tognino
Attorney for Applicant
September 26, 2003
I hereby certify that this correspondence is being transmitted by
electronic mail to the United States Patent and Trademark Office on the
date shown below.
Gina M. Lyons
/gina m. lyons/
September 26, 2003
