UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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. 

 

 

The assigned examining attorney has reviewed the statement of use filed on May 10, 2004 and has determined the following:

 

Four Classes of Goods and Services Omitted in Statement of Use – Clarification Required

 

The Notice of Allowance issued November 12, 2002 lists seven (7) classes of goods, Classes 9, 16, 28, 35, 38, 41 and 42.  However, the Statement of Use includes only Classes 35, 38 and 41.  It is noted that the applicant paid the fee for only three (3) classes of goods and services and provided acceptable specimens of use for those three classes.  However, since the applicant did not express a clear intention to delete the other four classes of goods and services from the application, this inquiry is required.  TMEP 1109.13. 

 

The applicant may amend the statement of use to reinsert any omitted goods/services, if the applicant did not expressly delete the goods/services, and the applicant verifies that the mark was in use in commerce on or in connection with those goods/services before the expiration of the time for filing the statement of use. 37 C.F.R. §2.88(i)(2).[1]  Such a verification should be supported by a declaration under 37 C.F. R. §2.20.  The following is an acceptable declaration under 37 C.F.R. Section 2.20:

 

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)

 

 

Applicant may direct any questions regarding the above to the undersigned.

 

Failure to Respond – Abandonment of Classes (Advisory)

 

If applicant should fail to respond to this Office action within the six month time limit, then Classes 9, 16, 28 and 42 will be deleted from the application and the application will proceed forward for Classes 35, 38 and 41 only.  37 C.F.R. §2.65(a).

 

 

 

 

 

/Heather D. Thompson/

Trademark Examining Attorney

Law Office 103

703.308.9103 ext. 223 [phone]

703.746.8103 [fax]

 

 

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 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.