UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/304370
APPLICANT: McGann, Robert C.
|
|
|
CORRESPONDENT ADDRESS: NICHOLAS A. PANDISCIO PANDISCIO & PANDISCIO, P.C. 470 TOTTEN POND RD WALTHAM MA 02451-1914
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
|
|
MARK: 143
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: MCGAN/TM-2
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 76/304370
This letter responds to the applicant's communication filed on February 26, 2004.
The substitute specimens qualify for acceptance for the goods in classes 3,16, 20 and 30.
However, they will not be accepted until the applicant has submitted a signed statement and affidavit.
This requirement is hereby made FINAL.
Applicant must submit a statement that “the substitute specimens were in use in commerce prior to the expiration of the time allowed to the 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. §2.59(b)(2); TMEP §§904.09 and 1109.09(b).
All requirements are FINAL.
Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/D. Beryl Gardner/
D. Beryl Gardner
Examining Attorney - Law Office 112
www.gov.uspto.report/teas/index.html (file responses)
beryl.gardner@uspto.gov (submit questions only)
703-308-9112 x180
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 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.