UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/265913
APPLICANT: Steven H. Klein
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CORRESPONDENT ADDRESS: STEVEN H. KLEIN KLEIN ACOUSTIC GUITARS 2560 KNOB HILL RD. SONOMA CA. 95476
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom114@uspto.gov
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MARK: KLEIN
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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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Serial Number 76/265913
This letter responds to the applicant’s communication filed on December 17, 2002 and the telephone conversation between the examining attorney and the applicant on February 24, 2003.
The applicant’s letter filed December 17, 2002 is an incomplete response to the Office action dated June 21, 2002 because the applicant appears to have made a good faith effort to comply with the outstanding refusals but the refusals are maintained as discussed below. Because this omission appears to be inadvertent, the applicant may complete its response either within thirty days of the mailing date of this letter or within the time remaining in the response period of the last Office action, whichever is longer. 37 C.F.R. §2.65(b). See TMEP §718.03(b).
The requirement for the applicant to amend the application to include dates of first use and use in commerce for each class is maintained and continued. 37 C.F.R. §2.86(a); TMEP §1403.01. If the dates differ from those already of record, the applicant must verify the amendment with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c). The applicant indicated in the above referenced telephone conversation that the dates of use for Class 25 differ from those of record for the Class 15 goods. For the applicant’s convenience, a copy of the required verification language is set forth below.
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.
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(Signature)
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(Print or Type Name and Position)
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(Date)
Legal Entity of Applicant
The applicant has submitted with its response a substitute application form, which again identifies two different forms of the ownership of the mark (an individual citizen and a sole proprietorship). The requirement for the applicant to specify its one legal entity is maintained and continued.
The identification of goods in Classes 15 and 25 is accepted. The payment of two filing fees is acknowledged.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Mary Boagni /meb/
Examining Attorney, Law Office 114
Telephone: (703) 308-9114 ext. 207
Law Office 114 Fax: (703) 746-8114
ecom114@ustpo.gov (for formal responses)
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.