Offc Action Outgoing

RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

Serial Number 76/279456

This Action responds to the applicant’s statement of use filed November 17, 2005, in this Office.

The new power of attorney is noted.

Partial Refusal

If applicant should fail to respond to this Office action within the six month time limit, then Class 16 will be deleted from the application and the application will proceed forward for Classes 35, 39, and 42 only. 37 C.F.R. §2.65(a).

Specimen

THIS REFUSAL APPLIES TO CLASS 16 ONLY.

Applicant must submit (1) a substitute specimen showing the mark as it is used in commerce on the Class 16 goods or on packaging for those goods, and (2) a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.56, 2.59(b)(2) and 2.88(b)(2); TMEP §§904.09 and 1109.09(b).

The current specimens of record comprise web pages and are unacceptable as evidence of actual trademark use because the web pages do not show use of the mark on any Class 16 goods. The web pages do not show use on any printed reports, printed information, or printed instruction sheets. Examples of acceptable specimens for the Class 16 goods would be actual printed reports, printed information, or printed instruction sheets listed in the Class 16 identification of goods. TMEP §§904.04 et seq.

Pending an adequate response to the above, registration is refused for Class 16 because the specimen of record does not show use of the proposed mark as a trademark. Trademark Act Sections 1, 2 and 45, 15 U.S.C. §§1051, 1052 and 1127; TMEP §§904.11 and 1202 et seq.

Telephone Calls

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

/Robert H. Coggins/

Attorney-Advisor

Law Office 115

robert.coggins@uspto.gov

571-272-9467

HOW TO RESPOND TO THIS OFFICE ACTION:

ONLINE RESPONSE: You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.