Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  76/323503

 

This letter responds to applicant’s communication filed on November 15, 2005.

 

In its response, the applicant submitted arguments regarding the refusal to register the mark under Sections 1, 2, and 45. The examining attorney has considered the applicant’s arguments carefully and hereby withdraws the refusal to register.

 

The office action issued October 7, 2005 also required the applicant to specify the date of first use of the mark anywhere and the date of first use of the mark in commerce, and verify these dates of use with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. The applicant did not respond to this requirement.

 

For the reasons discussed below, the requirement that the applicant specify the dates of use is maintained and made FINAL.

 

FINAL REQUIREMENT FOR DATES OF USE

 

As noted in the office action issued October 7, 2005, the applicant must specify the date of first use of the mark anywhere and the date of first use of the mark in commerce, and verify these dates of use with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.71(c); TMEP §903.

 

The statement of use omits these required dates of first use of the mark and the applicant did not submit verified dates of use in its November 15, 2005 response.  Trademark Act Section 1(d)(l), 15 U.S.C. §1051(d)(1); 37 C.F.R. §2.88(b)(1); TMEP §§903 et seq. and 1109.09(a).  Both a date of first use anywhere and a date of first use in commerce must be provided even if they are the same date.  TMEP §903.04.

 

For the reasons discussed above, the requirement for verified dates of use is maintained and made FINAL.

 

RESPONSE GUIDELINES

 

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  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)); and/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 matters.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

/Catherine Pace Cain/

Trademark Attorney

Law Office 113

571-272-9427 (voice)

571-273-9113 (fax)

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.