Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

Serial Number  76/339364

 

OFFICE ACTION

 

DEADLINE FOR RESPONSE:  THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE DATE IT WAS MAILED OR E-MAILED.

 

The assigned examining attorney has reviewed the statement of use and has determined the following:

 

SPECIMEN UNACCEPTABLE

 

The specimen is unacceptable as evidence of trademark use because it is not being used in a manner which would be perceived as a trademark.  Rather, it merely appears on a page of a computer program which pertains to article dimensions.  In addition, it appears in the same size and type style as the other wording on the page, not in a manner which would call attention to it as a trademark.

 

Therefore, applicant must submit a specimen showing the mark used as a trademark on or in connection with the goods.  37 C.F.R. §2.56.  Examples of acceptable specimens are tags, labels, containers or photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale.  TMEP §904.04 et seq. 

 

The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, use of the substitute specimen in commerce prior to the expiration of the time allowed for filing a statement of use.  Jim Dandy Co. v. Siler City Mills, Inc., 209 USPQ 764 (TTAB 1981); 37 C.F.R. §2.59(a); TMEP §904.09.

 

The statement supporting use of the substitute specimen must read as follows: 

 

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. 

 

DECLARATION

 

Following is a properly worded declaration under 37 C.F.R. §2.20.  At the end of the response, the applicant should insert the declaration signed by someone authorized to sign under 37 C.F.R. §2.33(a).

 

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

_____________________________

                (Signature)

_____________________________

(Print or Type Name and Position)

_____________________________

(Date)

 

 

 

/Sue Carruthers/

Trademark Attorney, Law Office 108

Phone: 571-272-9139

Fax: 571-273-9108 (formal responses only)

E-mail: sue.carruthers@uspto.gov (informal communications only)

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the 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 issued via e-mail, 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; 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 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 USPTO 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.