UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/345005
APPLICANT: Mars, Incorporated
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February 23, 2004
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CORRESPONDENT ADDRESS: LESLIE K. MITCHELL, ESQ. FITZPATRICK, CELLA, HARPER & SCINTO 30 ROCKEFELLER PLAZA NEW YORK, NEW YORK 10112-3801
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 EcomITU@uspto.gov
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MARK: SWARM
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CORRESPONDENT’S REFERENCE/DOCKET NO: 946.9139A
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. Examiner’s name and “Intent to Use Section”. 4. Your telephone number and e-mail address.
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Serial Number 76/345005
Acceptance of the Request for an Extension of Time to File a Statement of Use, received on January 6, 2004, is withheld for the following reason(s):
The extension request does not include an acceptable showing of good cause, as required by 15 U.S.C. §1051(d)(2), and 37 C.F.R. §2.89(b)(4). Applicant must provide a verified statement of its ongoing efforts to make use of the mark in commerce. 37 C.F.R. §2.89(d)(2).
Ongoing efforts to use the mark may include, without limitation:
‑product or service research or development,
‑market research,
‑manufacturing activities,
‑promotional activities,
‑steps to acquire distributors,
‑steps to obtain required government approval, or
‑other similar activities.
Applicant has 30 days from the mailing date of this letter, or until the expiration of the current extension period, whichever is longer, to submit a substitute extension request that includes an acceptable showing of good cause to avoid abandonment of this application.
/Melvin Spicer/
Legal Instruments Examiner
ITU/Divisional Unit
(703) 308-9550 Ext 223
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, the words “Intent to Use” and the examiner’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 EXMINER.