UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/338763
APPLICANT: METERING TECHNOLOGY CORPORATION
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CORRESPONDENT ADDRESS: G. GERVAISE DAVIS III DAVIS & SCHROEDER A PROFESSIONAL CORPORATION P. O. BOX 3080 MONTEREY, CALIFORNIA 93942-3080 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom103@uspto.gov
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MARK: MSTAR
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CORRESPONDENT’S REFERENCE/DOCKET NO: T884
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 76/338763
The assigned examining attorney has reviewed the Statement-of-Use filed on January 21, 2003, and has determined the following:
The specimen does not show use of the mark for the goods in Class , as identified in the statement of use. That is, the applicant has applied for a house mark for a full line of goods and, as a result, a specimen showing the mark used on one good is insufficient. The applicant must submit a catalog or other evidence establishing that it has a “full line . . .” of goods specified. 37 C.F.R. Sections 2.56 and 2.88(b)(2); TMEP section 804.03(a). . The applicant must verify, with an affidavit or a declaration under 37 C.F.R. Section 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. Section 2.59(b); TMEP section 905.10.
If an amendment of the dates-of-use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. Section 2.20. 37 C.F.R. Section 2.71(c); TMEP section 904.05.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. For your convenience, current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven‑digit registration number or eight‑digit application number, followed by the "#" symbol, after the welcoming message and tone. Callers may request information for up to five registration number or application number records per call.
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/Ron Aikens/
Trademark Office, Law Office 103
Tel: (703) 308-9103, ext. 128
Fax: (703) 746-8103
Ron.Aikens@USPTO.gov
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.