To: | MPR REVOCABLE TRUST (pollie@gandalegal.com) |
Subject: | TRADEMARK REGISTRATION NO. 2623842 - UPPER DECK ENTERTAINMENT - N/A |
Sent: | 10/10/12 02:23:36 PM |
Sent As: | PRG@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION
REGISTRATION NO. 2623842
REGISTRANT: MPR REVOCABLE TRUST
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CORRESPONDENT’S ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/teas/eTEASpageC.htm
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MARK: UPPER DECK ENTERTAINMENT
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CORRESPONDENT’S REFERENCE/DOCKET NO. N/A
CORRESPONDENT’S EMAIL ADDRESS: |
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ISSUE/MAILING DATE: 10/10/2012
Registration Number 2623842
The Combined Section 8 Affidavit & Section 9 Renewal Application was received on September 21, 2012. The Section 9 portion of the combined filing can be granted. However, the Section 8 portion is not accepted for the reason set forth below.
SUBSTITUTE SPECIMEN ALONG WITH SIGNED DECLARATION
The specimen submitted with the Section 8 Affidavit for class 16 and 28 is unacceptable because the digitized image is illegible due to technical difficulties and does not clearly show the registered mark in use in commerce for the identified goods and/or services. A Section 8 Affidavit must include a specimen showing current use of the mark for each class of goods or services, unless excusable nonuse is claimed. 15 U.S.C. §1058(b); 37 C.F.R. §2.161(g).
Therefore, the owner must satisfy one of the following:
(1) Submit a true and unaltered copy of the originally submitted specimen filed with the Section 8 Affidavit, and a statement by the person who transmitted the affidavit to the Office that the resubmitted specimen is a true copy of the specimen that was originally submitted with the Section 8 Affidavit. No verification or fee is necessary. See TMEP §1604.12(b).
(2) Submit a substitute specimen showing current use of the registered mark in commerce for each class of goods and/or services specified in the registration, and the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The substitute specimen was in use in commerce during the relevant period for filing the 10-year Section 8.” A fee may be required, depending on when a response is received. 37 C.F.R. §2.161(g); TMEP §1604.12(c).
Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq
The owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 10-year Section 8.
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 statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
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Signature of Authorized Person
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Type or Print Name
__________________________
Date
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the issuance date of this Office action. The owner must respond to all inquiries set forth in this Office action to avoid cancellation and/or expiration of the registration. 37 C.F.R. §§2.163(b)-(c) and 2.184(b); TMEP §§1604.16, 1606.12 and 1606.13(a).
DEFICIENCY SURCHARGE REQUIRED: The owner must submit a $100 deficiency surcharge with its response to this Office action. 37 C.F.R. §§2.6, 2.164(a)(1) and 2.185(a)(1).
Dana L. Newton
Trademark Specialist
Post Registration Division
571-272-9544
571-273-9544 - fax
USPTO
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form at http://www.gov.uspto.report/teas/eTEASpageC.htm. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration. For technical assistance with online forms, e-mail TEAS@uspto.gov.
WHO MUST SIGN THE RESPONSE: It must be personally signed by (1) an individual registrant; (2) someone with legal authority to bind registrant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent registrant. If a registrant is represented by an attorney, the attorney must sign the response.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.