Offc Action Outgoing

14 CARROT

RUGER, LLC

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/342237

APPLICANT: Sherwood Brands, LLC

CORRESPONDENT ADDRESS:

RICHARD D. ZIMMERMAN

CHACE RUTTENBERG & FREEDMAN, LLP

ONE PARK ROW

PROVIDENCE RHODE ISLAND 02903

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

MARK: 14 CARROT

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

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.

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 76/342237

The assigned examining attorney has reviewed the statement of use filed on March 29, 2004, and has determined the following.

SPECIMEN UNACCPETABLE:

Applicant must submit a specimen showing use of the mark for the goods and/or services specified in the application, because the specimen currently of record does not show use of the mark for any goods and/or services identified in the statement of use. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). Applicant must also submit a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(b)(2); TMEP §904.09.

The current specimen of record comprises of a specimen that does not show use of the proposed mark appearing as “14 CARROT”. That is, due to the quality of the specimen submitted it does not show use for applicant’s candy. The applicant must submit a better quality specimen that shows the proposed mark on its goods.

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

/ROBERT L. LORENZO/

Robert L. Lorenzo

Trademark Attorney

Law Office 111

(703) 308-9111 x 117

Robert.Lorenzo@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 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.