Offc Action Outgoing

GAT ROTODISK

GAT GESELLSCHAFT FUR ANTRIEBSTECHNIK MBH

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/223390

APPLICANT: GAT GESELLSCHAFT FUR ANTRIEBSTECHNIK MBH

CORRESPONDENT ADDRESS:

HERBERT DUBNO

THE FIRM OF KARL F ROSS P C

5676 RIVERDALE AVE # 900

BRONX NY 10471-2138

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom114@uspto.gov

MARK: GAT ROTODISK

CORRESPONDENT’S REFERENCE/DOCKET NO: 8281 TM

CORRESPONDENT EMAIL ADDRESS:

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.

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 76/223390

The assigned examining attorney has reviewed the statement of use filed on June 16, 2003 and has determined the following.

Mark Differs on Drawing and Specimen

The drawing displays the mark as GAT ROTODISK. However, this differs from the display of the mark on the specimen, where it appears as GAT and, as a completely separated term, ROTODISK appears at the bottom of the specimen. The applicant cannot amend the drawing to conform to the display on the specimen because the character of the mark would be materially altered. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i).

Therefore, the applicant must submit a substitute specimen that shows use of the mark as it appears on the drawing. 37 C.F.R. §2.51; TMEP §807.14. 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.

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

/Asmat A. Khan/

Trademark Attorney

Law Office 114

(703) 308-9114, ext. 196

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.