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  76/331441

 

This Action responds to the applicant’s correspondence filed June 23, 2004, in this Office.

 

Date of Use in Commerce

 

The applicant has specified “June 2004” as the date of first use of the mark in commerce.  The Office interprets this as the last day of June 2004 (June 30, 2004).  TMEP §903.07.  However, the date interpreted (June 30, 2004) is after June 23, 2004, the date on which the statement of use was filed.  Therefore, the examining attorney refuses registration because the applicant does not appear to have used the proposed mark in commerce at the time the statement of use was filed.  Trademark Act Section 1(d), 15 U.S.C. §1051(d); 37 C.F.R. §2.88(b)(1); TMEP §§901, 1109.09(a) and 1109.16(a). 

 

If, however, the applicant used the mark in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use, the applicant may amend to indicate the specific date of first use in commerce, and the examining attorney will withdraw this refusal.

 

The applicant must verify any amendment of the dates of use with an affidavit or a declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.71(c); TMEP §903.05.

 

Telephone Calls

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

/Robert Coggins/

Attorney-Advisor

Law Office 115

U.S. Patent and Trademark Office

robert.coggins@uspto.gov

703-308-9115 x111

 

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.