UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/331617
APPLICANT: Hankook Tire Co., Ltd.
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CORRESPONDENT ADDRESS: SUSAN UPTON DOUGLASS FROSS ZELNICK LEHRMAN & ZISSU, P.C. 866 UNITED NATIONS PLAZA NEW YORK, N.Y. 10017
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom104@uspto.gov
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MARK: DYNAPRO AS
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CORRESPONDENT’S REFERENCE/DOCKET NO: HANK 0107864
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 76/331617
This letter responds to the applicant's Statement of Use filed on December 3, 2002. The examining attorney has considered the Statement of Use carefully and determined the following.
Mark Differs on Drawing and Specimen
The drawing displays the mark as DynaPro AS. However, this differs from the display of the mark on the specimen, where it appears as DYNAPRO AS. The applicant must either:
(1) submit a new drawing of the mark that agrees with the specimen; or
(2) submit a substitute specimen that shows use of the mark shown in the drawing.
The applicant may not amend the drawing if the amendment would materially alter the character of the mark. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i).
If a substitute specimen is submitted, 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. 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §904.09.
If the applicant has any questions concerning this Office action, please telephone the assigned examining attorney.
Richard R. Alves, Jr.
Trademark Examining Attorney
Law Office 104
(703) 308-9104 x 130
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.