Offc Action Outgoing

BLUESTREAK

Sharp Electronics Corporation

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/323445

APPLICANT: Sharp Electronics Corporation

CORRESPONDENT ADDRESS:

JOHN C. MOTLEY

STOEL RIVES LLP

900 SW 5TH AVE STE 2600

PORTLAND OR 97204-1268

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom116@uspto.gov

MARK: BLUESTREAK

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

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.

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 76/323445

This letter responds to the applicant’s communication filed on January 7, 2004.

Mark Differs on Drawing and SOU Specimen

The mark as depicted on the drawing disagrees with the mark as it appears on the specimen, and clarification is required. Specifically, the drawing displays the mark as BLUESTREAK, and the specimen shows the mark as BLUE STREAK, with a stylized “S.”

Applicant must either:

(1) submit a new drawing of the mark that agrees with the specimen but does not materially alter the mark; 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i); or

(2) submit a substitute specimen that shows use of the mark shown in the drawing and includes a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed to 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) and 2.72(b); TMEP §904.09.

Applicant may not withdraw the statement of use. 37 C.F.R. §2.88(g).

/Michele-Lynn Swain/

Examining Attorney, LO 116

PH(703) 306-7926

FX(703) 746-8116

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.

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.