UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  76/212976

 

The assigned examining attorney has reviewed the statement of use filed on November 13, 2003 and has determined the following.

 

Specimen Unacceptable

 

Applicant must submit a specimen showing use of the mark for the goods specified in each class of the application, because the specimen currently of record does not show use of the mark for any goods identified in the statement of use.  37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). 

 

Applicant must also submit a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.59(b)(2); TMEP §904.09.

 

The goods in the application cover International Classes 16, 18, 20 and 22.  However, the applicant has submitted only one specimen.  It is unclear what the specimen is and for which class it is used. 

 

Examples of acceptable specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale.  TMEP §§904.04 et seq.

 

The examining attorney has enclosed the following example of a substitute specimen declaration for the applicant’s use in preparing their own declaration.

 

SUBSTITUTE SPECIMEN DECLARATION

Serial No.                       

Mark:                                               

Applicant:                       

 

The substitute specimen was in use in commerce prior to the expiration of the time allowed 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 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)

                        _____________________________

                        (Print or Type Name and Position, if applicable)

                        _____________________________

                                    (Date)

 

Miscellaneous

Change of Address - Applicants may now file changes of correspondence address via a new form on TEAS.   Address changes may be performed on up to 20 cases at a time.  The Trademark Office strongly encourages applicants to use this time-saving form which is available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm

 

Status Inquiry – Applicants may retrieve information about pending and registered trademarks from the USPTO’s database by simply entering a valid trademark serial number or registration number at:  http://tarr.uspto.gov.

 

Additionally, applicants may contact the Trademark Assistance Center at:  703-308-9000.

 

If you need information regarding the application process or applying for a Trademark, please access other resources on the Trademark Web page such as: Frequently-Asked Questions or Basic Facts about Trademarks.  More detailed information is available in the Trademark Manual of Examining Procedure and the Acceptable Identification of Goods and Services Manual. 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

/Leslie L. Richards/

Trademark Examining Attorney

Law Office 106

703-308-9106 ext. 172

703-746-8106 fax

ecom106@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.

 

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.