Offc Action Outgoing

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. 

 

 

Serial Number  76/291683

 

This correspondence acknowledges applicant’s statement of use concerning the referenced mark.  The Office has reassigned this application to the undersigned examining attorney. 

 

The applicant is advised of the following:

 

 

Mark Differs on Drawing and Specimen

 

The drawing displays the mark as “PURR-LICIOUS.”  However, this differs from the display of the mark on the specimen, where it appears as “PURRLICIOUS.”  The applicant must either:

 

(1)  submit a new drawing of the mark that agrees with the specimen; or

 

(2)  submit a substitute specimen that shows use of the mark shown in the drawing.

 

The applicant may not amend the drawing if the amendment would materially alter the character of the mark.  37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i).

 

If a substitute specimen is submitted, the applicant must verify, with an affidavit or a declaration under 37 C.F.R. §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.  37 C.F.R. §§2.59(b) and 2.72(b); TMEP §904.09.

 

 

Informational

 

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration 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 is $335.00 per class for classes added on or after January 1, 2003.

 

Whether applicant chooses to respond via regular mail or electronic mail, applicant should submit its response using only one of these means of communication.  Duplicate responses will delay the prosecution of the application.

 

Customers can electronically change the correspondence address on any trademark/service mark application or registration that is currently active with the Office by using the web-based TEAS (Trademark Electronic Application System) form.  For further information, visit http://www.gov.uspto.report/web/trademarks/tmchangeaddress.htm.

 

The following authorities govern the processing of trademark applications:  The Trademark Act, 15 U.S.C. §§1051 et seq.; Trademark Rules of Practice, 37 C.F.R. Part 2; Trademark Manual of Examining Procedure (TMEP), 3^rd edition, January 2002.  To access these resources, please visit http://www.gov.uspto.report/web/offices/tac.

 

 

 

 

Matthew J. Pappas

Trademark Attorney

Law Office 105

703/308-9105 ext. 206

matthew.pappas@uspto.gov (informal)

 

 

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

 

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