UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/211927
APPLICANT: Playing Mantis, Inc.
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CORRESPONDENT ADDRESS: PLAYING MANTIS, INC. 3618 GRAPE RD MISHAWAKA IN 46545-2770
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom102@uspto.gov
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MARK: ZINGERS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/211927
STATEMENT OF USE - FIRST OFFICE ACTION
The assigned examining attorney has reviewed the statement of use filed on January 8, 2004, and has determined the following.
Specimens Showing Use are Unacceptable
The drawing displays the mark as “ZINGERS”. However, this differs from the display of the mark on the specimen, where it appears as “ZINGERS!” (with an exclamation point).
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. Section 2.20:
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.
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 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) (Date)
_____________________________
(Print or Type Name and Position)
No set form is required for response to this Office Action. The applicant must respond to each point raised. If the applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned examining attorney.
/Gwen P. Stokols/
Trademark Examining Attorney
Law Office 102
Telephone: 703-308-9102, x. 275
Fax: 703-746-8102
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.