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  76/305455

 

STATEMENT OF USE-IDENTIFICATION OF GOODS

In the statement of use, applicant has described the goods and/or services more narrowly than those described in the notice of allowance and it is not clear whether applicant intended to restrict the identification.  Applicant must either confirm that the identification of goods and/or services indicated in the statement of use is proper or submit an amended identification of goods and/or services.  TMEP §§1109.11(b) and 1109.13.

 

It appears that the applicant has deleted Class 9 from the application.

 

If applicant amends the statement of use to add the omitted goods and/or services, then applicant must also include a statement that “the applicant used the mark on or in connection with the additional goods and/or services in commerce before expiration of the time period for filing a statement of use,” properly verified with a notarized affidavit or a signed declaration in accordance with 37 C F R §2 20.  37 C.F.R. §2.88(i)(2); TMEP §1109. 13.  The applicant must also submit an acceptable specimen and dates of use for the Class 9 goods and the fee for filing the statement of use for the additional class.

 

The goods and/or services specified in the amended identification may not exceed the scope of those set forth in the notice of allowance.  Also, if the application has been expressly amended to delete from the identification any goods and/or services set forth in the notice of allowance, those items may not be re-inserted in the identification.  See 37 C.F.R. §2.71(a).

 

 

/Kelley L. Wells/

Kelley L. Wells

Examining Attorney

Law Office 105

(703) 308-9105x124

 

 

 

 

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.

 

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.