Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

OFFICE ACTION

 

Serial Number  76/284661

 

The assigned examining attorney has reviewed the statement of use filed on January 27, 2003, and has determined the following.

 

The papers submitted on January 27, 2003, do not comply with the minimum requirements for filing a Statement of Use for the following reason(s):

 

The statement that the mark is in use in commerce must be supported by a verification or declaration signed by the applicant or a person properly authorized to sign on behalf of the applicant.  37 C.F.R. §2.88 (e)(3).  The following is a properly worded declaration, 37 C.F.R. §2.20: 

 

The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting therefrom, declares that he/she is properly authorized to execute this Statement of Use on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; the trademark/service mark is now in use in commerce; and 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 submit a response to this letter to correct the above-identified deficiency.  However, this response must be received in the office on or before April 22, 2003, the deadline for filing a Statement of Use in order to avoid the abandonment of this application.  37 C.F.R. §2.88(a).

 

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

 

/Melvin T. Axilbund/

Melvin T. Axilbund

Examining Attorney, Law Office 113

ecom113@uspto.gov

703/308-9113 extension 196

 

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.

 

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

 

Fee Increase Now in Effect

Effective January 1, 2003, the fee for filing an application for trademark registration increased to $335 per International Class.  The United States Patent and Trademark Office will not accord a filing date to applications filed on or after that date that are not accompanied by a minimum of $335. 

 

At the same time, the fee for amending an existing application to add an additional class or classes of goods or services became $335 per class added.