To: | CALZADO INDUSTRIAL DURAMAX DE MONTERREY, ETC. (JOE@MRTRADEMARK.COM) |
Subject: | TRADEMARK APPLICATION NO. 76311174 - EUROMAX - N/A |
Sent: | 5/8/03 7:39:15 AM |
Sent As: | ECom108 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/311174
APPLICANT: CALZADO INDUSTRIAL DURAMAX DE MONTERREY, ETC.
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CORRESPONDENT ADDRESS: JOE STRAHL MR. TRADEMARK INC. 429 62ND ST WEST NEW YORK NJ 07093
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 |
MARK: EUROMAX
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: JOE@MRTRADEMARK.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. |
Serial Number 76/311174
This letter responds to the applicant’s statement of use filed on 29 November 2002.
The application does not include a proper verified statement. The applicant must submit a verified statement that relates back to the time allowed to file a statement of use.
Specimens
The specimens are unacceptable as evidence of actual trademark use because they are advertisements. The specimens do not meet the requirements as a display associated with the goods. The requirements are as follows: 1) a picture of the relevant goods, 2) the mark sufficiently near the picture of the goods to associate the mark with the goods, and 3) information necessary to order the goods. There is no information about how to order the goods. See TMEP section 904.06. Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are not acceptable specimens. In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979); TMEP §§904.05 and 904.07. See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984). The applicant must submit a specimen showing the mark as it is used in commerce. 37 C.F.R. §2.56. Examples of acceptable specimens are tags, labels, instruction manuals, containers, and photographs that show the mark on the goods or packaging. TMEP §§904.04 et seq. 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 at least as early as the filing date of the application. 37 C.F.R. §2.59(a); TMEP §904.09.
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 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.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
/Angela Micheli/
Examining Attorney, Law Office 108
(703) 308-9108 ext. 253
(703) 746-8108 fax
angela.micheli@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.