To: | LEADING COMMUNICATIONS INC. (technoprop@technoprop.com) |
Subject: | TRADEMARK APPLICATION NO. 76218378 - SPEAKCHECK - 21908.002US |
Sent: | 5/22/04 3:04:55 PM |
Sent As: | ECom106 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/218378
APPLICANT: LEADING COMMUNICATIONS INC.
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CORRESPONDENT ADDRESS: LAURENCE P. COLTON TECHNOPROP COLTON LLC PO BOX 567685 ATLANTA GA 31156-7685
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: SPEAKCHECK
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CORRESPONDENT’S REFERENCE/DOCKET NO: 21908.002US
CORRESPONDENT EMAIL ADDRESS: technoprop@technoprop.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.
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Serial Number 76/218378
The assigned examining attorney has reviewed the statement of use filed on April 16, 2004, and has determined the following.
The specimen does not show use of the mark for any services identified in the statement of use, specifically, “training services, namely, coaching and critiquing for public speeches, presentations and media interviews.” Instead, the specimens appear to show the mark in advertising for software or other goods. Accordingly, the applicant must submit a specimen showing use of the mark for the services specified. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). Examples of acceptable specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services. TMEP §§1301.04 et seq.
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. A properly worded declaration is attached for the applicant’s use.
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).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Martha L. Fromm/
Martha L. Fromm
Trademark Attorney
Law Office 106
Phone: (703) 308-9106 ext. 221
Fax: (703) 746-8106 (formal responses)
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 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.
Declaration in support of substitute specimen:
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 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.
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