Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 POST REGISTRATION OFFICE ACTION

Registration Number  2756937

Your response to the outstanding Office action regarding the Section 8 Affidavit was timely received on November 18, 2009.  After consideration of the response and the facts of record, the refusal to accept the Section 8 Affidavit is maintained for the reason(s) set forth below.  The registration will be cancelled in due course.

Deficiency Surcharge Fee Omitted

DEFICIENCY SURCHARGE REQUIRED:  The owner must submit a $100 deficiency surcharge with its response to this Office action.  37 C.F.R. §§2.6 and 2.164(a)(1).

The Section 8 Affidavit cannot be accepted because the owner must verify the contents of the Section 8 Affidavit either with an affidavit or a signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.161(b); TMEP §§1604.08(a) and (d).  The submitted Section 8 Affidavit was either not signed or the verification was not properly worded. 

Specimen Declaration

The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the Section 8 Affidavit, if properly signed and dated:

The owner was using the mark in commerce on or in connection with the goods identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 6-year Section 8, that is, between the 5^th and 6^th year anniversary after the date of registration or the date of publication under 15 U.S.C. §1062.

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 statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

__________________________

Signature of Authorized Person

__________________________

Type or Print Name

__________________________

Date

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration.  37 C.F.R. §2.163(b)-(c); TMEP §1604.16.

If you disagree with this refusal to accept the Section 8 Affidavit, you may file a petition to the Director to review this decision.  37 C.F.R. §§2.146(a)(2) and 2.165; TMEP §1604.18 et seq.  The petition must be filed within six months from the issuance date of this letter and be accompanied by a fee of $100.  37 C.F.R. §§2.6, 2.146(a)(2) and 2.165(b).  Any facts to be proven on petition must be in the form of an affidavit or declaration under 37 C.F.R. §2.20; and signed by someone with firsthand knowledge of the facts to be proved.  37 C.F.R. §2.146(c). 

Sincerely,

/dda/

Dana D. Austin

Dana D. Austin

Trademark Specialist

Post Registration Division

(571) 272-9536 (Direct Line)

(571) 273-9536 (Fax)

How to respond to this Office Action:

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the registration number, the words 'Post Registration' and the examiner'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 INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.