UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/253667
APPLICANT: The Upper Deck Company, LLC
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CORRESPONDENT ADDRESS: THE UPPER DECK COMPANY, LLC 5909 SEA OTTER PL CARLSBAD CA 92008-6630
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: WEBPASS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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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PRIORITY ACTION
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/253667
The following issues were discussed in communication with Kevin Cahill on August 5, 2003.
During our telephone conversation on August 5, 2003, the applicant’s attorney Kevin Cahill indicated that the applicant did not intend to delete the Class 41 services set forth in the Notice of Allowance from the statement of use. The applicant is advised that the examining attorney will permit the applicant to amend the statement of use to reinsert the omitted services, if the applicant verifies that the mark was in use in commerce on or in connection with those services before the expiration of the time for filing the statement of use. 37 C.F.R. §2.88(i)(2).
SPECIMEN
The specimen submitted is acceptable to show use of the mark in commerce on the Class 16 goods. However, the specimen does not show use of the mark for the applicant’s Class 41 services. The applicant must submit a specimen showing use of the mark for the Class 41services 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.
The statement supporting use of the substitute specimen must read as follows:
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.
The applicant must sign this statement either in affidavit form or with a declaration under 37 C.F.R. §2.20; TMEP §§904.09 and 1109.09(b).
The following is a properly worded declaration under 37 C.F.R. §2.20. At the end of the response, the applicant should insert the declaration signed by a person authorized to sign under 37 C.F.R. §2.33(a).
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 statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
DATES OF USE OMITTED
The statement of use does not set forth the dates of first use of the mark for the Class 41 services. The applicant must provide a statement specifying the date of first use of the mark and the date of first use of the mark in commerce for the Class 41 services. Trademark Act Section 1(d)(1), 15 U.S.C. §1051(d)(1); 37 C.F.R. §2.88(b)(1). TMEP §1109.09(a).
The applicant must verify this statement with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §903.
Amy Lohr /acl/
Trademark Attorney
L.O. 112
[voice mail] (703) 308-9112 ext. 237
[fax] (703) 746-8112
ecom112@uspto.gov
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