UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/300566
APPLICANT: Columbia Machine, Inc.
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CORRESPONDENT ADDRESS: ALAN T. MCCOLLOM MARGER JOHNSON & MCCOLLOM, P.C. 1030 SW MORRISON ST PORTLAND OR 97205-2626
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: QBR
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CORRESPONDENT’S REFERENCE/DOCKET NO: 2872-160
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 76/300566
The Office has reassigned this application to the undersigned examining attorney. The assigned examining attorney has reviewed the statement of use filed on July 8, 2003 and has determined the following.
GRADE NOTATION
The applicant applied to register the mark QBR for “machines for palletizing concrete block and brick products.” The specimen shows use of the mark QBR 200. The notation “200,” which appears in the mark on the specimen, is not shown on the drawing. If the applicant believes that it is not part of the mark, but is merely a grade designation or model number, the applicant must submit a statement to that effect. In addition, the applicant must submit evidence showing use of the mark with other similar notations, or must provide other evidence indicating that, as actually used, the matter shown in the drawing creates a separate commercial impression as a mark. 37 C.F.R. §2.61(b); TMEP §807.14(b).
If the notation “200,” is not a grade designation or model number, then the applicant must submit a substitute specimen because the drawing and specimen do not match. The applicant cannot amend the drawing to conform to the display on the specimen because the character of the mark would be materially altered. 37 C.F.R. Section 2.72(a); TMEP section 807.14(a).
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); TMEP §904.09 and 1109.09(b).
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. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.05 and 1109.09(a).
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.
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)
/Tanya L. Amos/
Trademark Examining Attorney
Law Office 113
(703) 308-9113 Ext. 135
(703) 746-6485
ecom113@uspto.gov
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.