UNITED STATES PATENT AND TRADEMARK OFFICE
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REGISTRATION NO: 2,642,618
REGISTRANT: Teknecon Energy Risk Advisors, LLC
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November 13, 2008 *2642618* |
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CORRESPONDENT ADDRESS: Peter K Nance Teknecon Energy Risk Advisors, LLC 1 Hedgefield Ct, Suite 200 Austin, TX 78738
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RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: TERA
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CORRESPONDENT’S REFERENCE/DOCKET NO: 9666-K004US
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Registration date, registration number, mark and registrant's name. 2. Date of this Office Action. 3. Examiner's name and Post Registation Division. 4. Your telephone number and e-mail address.
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Registration Number 2,642,618
The Sections 8 & 15 Combined Affidavit was received on October 29, 2008. The Section 15 portion of the combined affidavit is acknowledged. However, the Section 8 portion is not accepted for the reason(s) set forth below.
The owner must submit (1) a substitute specimen showing current use in commerce of the registered mark on or in connection with the services in the registration, and (2) a statement that the substitute specimen was in use in commerce during the relevant period for filing the 6-year Section 8. This statement must be verified with an affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.161(g)(1); TMEP §1604.12(c).
The specimen of record is unacceptable because it comprises letterhead stationery and/or business cards that do not reference the services identified in the registration. Letterhead stationery, business cards or invoices bearing the mark may be accepted if they create an association between the mark and the services. However, letterhead or business cards that bear only the mark and a company name and address are not adequate specimens (unless the mark itself has a descriptive portion that refers to the service), because they do not show that the mark is used in the sale or advertising of the particular services recited in the application. In re Monograms America, Inc., 51 USPQ2d 1317 (TTAB 1999); TMEP §1301.04(c).
Examples of acceptable specimens for services include signs, brochures, or advertisements that show the mark used in the sale or advertising of the services. TMEP §1301.04 et seq.
The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the Section 8 Affidavit, if properly signed and dated:
The owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 6-year Section 8, that is, between the 5th and 6th year anniversary after the date of registration or the date of publication under 15 U.S.C. §1062.
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 statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
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Signature of Authorized Person
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Type or Print Name
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Date
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the mailing date of this Office action. The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration. 37 C.F.R. §2.163(b); TMEP §§1604.16 and 1604.17(b).
DEFICIENCY SURCHARGE: The owner must submit a $100 deficiency surcharge if its response to this Office action is received after the expiration of the grace period, i.e., after April 29, 2009. 37 C.F.R. §§2.6 and 2.164(a)(2).
Burnie Gillis
Trademark Specialist
Post Registration Division
Office of Trademark Services
(571) 272-9526
Fax: (571) 273-9526
How to respond to this Office Action:
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the registration number, the words 'Post Registration' and the examiner'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 EXAMINER.