UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/304171
APPLICANT: Henri, LLC
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CORRESPONDENT ADDRESS: ALEXANDER M. GAYER LAZER APTHEKER FELDMAN ROSELLA ET AL 225 OLD COUNTRY RD MELVILLE NY 11747-2712
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom112@uspto.gov
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MARK: HENRI
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: gayer@lafiy.com |
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 76/304171
The assigned examining attorney has reviewed the statement of use filed on December 24, 2002 and has determined the following.
The specimen is unacceptable as evidence of actual service mark use because it does not refer to any of the “services” as described in the notice of allowance. The specimen merely lists various manufacturers. The language “forging alliances, solving problems, providing answers, fulfilling commitments” does not describe the services in the notice of allowance. TMEP §904.05. The applicant must submit a specimen showing the mark as it is used in commerce. 37 C.F.R. §§2.56 and 2.88(b)(2). Examples of acceptable specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services. TMEP §1301.04. 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.
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.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
D. Beryl Gardner
Examining Attorney
Law Office 112
ecom112@uspto.gov (formal response)
beryl.gardner@uspto.gov (questions only)
703-308-9112 (x180 for voicemail)
410-997-6378 (x180 for voicemail)
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.