UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/240790
APPLICANT: Matra BAe Dynamics S.A.S
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: MBDA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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.
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Serial Number 76/240790
This letter responds to the applicant’s communication filed on August 5, 2004. The applicant provided an amended identification of goods/services, which is accepted. A further review of the application has raised the following issue:
Registration is refused because applicant does not appear to be the owner of a valid registration in applicant’s country of origin. 15 U.S.C. §1126.
The application record shows that applicant has a domicile in France, but has submitted a foreign registration from the United Kingdom as a basis for registration in the United States. In order to have a valid basis for registration, applicant must show that it has a bona fide and effective industrial or commercial establishment in the United Kingdom. In other words, applicant must provide evidence that the United Kingdom is a “country of origin.” Trademark Act Section 44(c), 15 U.S.C. §1126(c); TMEP §§1002.01 and 1002.04.
Normally, a statement by the applicant or the applicant’s attorney that the applicant has a bona fide and effective industrial or commercial establishment in the relevant country will be sufficient to establish that the country is the applicant’s country of origin. This statement does not have to be verified.
If applicant cannot show that the United Kingdom is a country of origin, applicant may wish to amend the application to assert Section 1(a) or Section 1(b) as a basis. 15 U.S.C. §§1051(a) and (b); See 37 C.F.R. §2.35 and TMEP §§806.03 et seq. regarding amendment of the basis.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
/Brian Neville/
Trademark Examining Attorney
Law Office 114
(571) 272 - 9203
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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.