UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/316913
APPLICANT: Rossignol Ski Company, Inc.
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CORRESPONDENT ADDRESS: PETER D. MURRAY C/O COOPER & DUNHAM LLP 1185 AVENUE OF THE AMERICAS NEW YORK NY 10036
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom112@uspto.gov
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MARK: SCAN
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CORRESPONDENT’S REFERENCE/DOCKET NO: 2295/65.762
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 76/316913
The assigned examining attorney has reviewed the statement of use filed on November 21, 2002 and has determined the following.
The specimen is unacceptable as evidence of actual trademark use because it appears to be a drawing or printer’s proof of the goods. The applicant must submit a specimen showing the mark as used in commerce. 37 C.F.R. §§2.56 and 2.88(b)(2). Examples of acceptable specimens are tags, labels, instruction manuals, containers or 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 prior to the expiration of the time allowed to the applicant for filing a statement of use. Jim Dandy Co. v. Siler City Mills, Inc., 209 USPQ 764 (TTAB 1981); 37 C.F.R. §2.59(b); TMEP §§904.09 and 1109.09(b).
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
410/997-6378
703/308-9112 x180
ecom112@uspto.gov (formal response)
beryl.gardner@uspto (questions only)
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.