UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/272988
APPLICANT: Midland Distribution, Inc.
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CORRESPONDENT ADDRESS: HOWARD B. ROCKMAN LEE MANN SMITH MCWILLIAMS ET AL 209 S LASALLE ST CHICAGO IL 60604-1202
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom114@uspto.gov
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MARK: REEF
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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 76/272988 REEF
This letter responds to the applicant's Statement of Use filed on March 7, 2003. The examining attorney acknowledges receipt of the specimen, however, the applicant must still address the following issue.
I. SPECIMEN:
The specimen is unacceptable as evidence of actual trademark use because it depicts the mark for ‘date syrup,’ which is not one of the goods listed in the application. The applicant must submit a specimen showing the mark as used in commerce in support of any of its goods. 37 C.F.R. Sections 2.56 and 2.88(b)(2). Examples of acceptable specimens are tags, labels, instruction manuals, containers or photographs that show the mark on the goods or packaging.
The applicant must verify, with an affidavit or a declaration under 37 C.F.R. Section 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. Jim Dandy Co. v. Siler City Mills, Inc., 209 USPQ 764 (TTAB 1981); 37 C.F.R. Section 2.59(b); TMEP section 905.10. 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.
If an amendment of the dates‑of‑use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. Section 2.20. 37 C.F.R. Section 2.71(c); TMEP section 904.05.
DECLARATION:
The following is a properly worded declaration under 37 C.F.R. Section 2.20. If the applicant uses this declaration rather than a notarized statement, then at the end of its response, the applicant should insert the following declaration signed by a person properly authorized to sign on behalf of the applicant.
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)
II. CONCLUSION:
If the applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned examining attorney.
Karanendra S. Chhina
Trademark Attorney
Law Office 114
(703) 308-9114 x441
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.