UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/220178
APPLICANT: Boots Company USA (Holdings) Inc., The
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CORRESPONDENT ADDRESS: LAWRENCE E ABELMAN ABELMAN FRAYNE & SCHWAB 150 E 42ND ST NEW YORK NY 10017-5612
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: BOOTS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 726645
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 76/220178
The assigned examining attorney has reviewed the statement of use filed on April 29, 2004 and has determined the following.
The specimen does not show use of the mark for the services identified in the statement of use. Specifically, instead of showing the mark in the sale or advertising of “retail store and electronic retail services” the specimens appear to merely show the mark above a shelf of the applicant’s International Class 3 goods. Therefore, while the specimens may show the mark in relation to goods, the specimens do not show that the applicant itself is providing the identified retail services.
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.
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.