Offc Action Outgoing

ALCOHOLIC

ALCOHOLIC CLOTHING LIMITED

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/247038

APPLICANT: Coney, Guy Phillip

CORRESPONDENT ADDRESS:

DONALD L. DENNISON

612 CRYSTAL SQUARE 4

1745 JEFFERSON DAVIS HWY

ARLINGTON VA 22202-3402

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom110@uspto.gov

MARK: ALCOHOLIC

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.

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 76/247038

The assigned examining attorney has reviewed the statement of use filed on June 6, 2003 and has determined the following.

Specimen Does Not Match Drawing

The drawing displays the mark as the outline of a bottle in black rectangle inside of lager rectangle with right angles. The bottle and inner rectangle are centered above the word ALCHOLHIC. However, this differs from the display of the mark on the specimen, where it appears as a shaded bottle with the words ALCOHOLIC, above and to the left of the bottle. The applicant must either:

(1) submit a new drawing of the mark that agrees with the specimen; or

(2) submit a substitute specimen that shows use of the mark shown in the drawing.

The applicant may not amend the drawing if the amendment would materially alter the character of the mark. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i).

If a substitute specimen is submitted, 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 further information or assistance is needed in responding to this Office Action, please feel free to contact the trademark attorney listed below.

/Shari L. Sheffield/

Shari Sheffield

Trademark Attorney

Law Office 110

703-308-9110 ext. 467

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.