UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/348139
APPLICANT: SEVILLE CLASSICS, INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: STORAGE BASICS
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CORRESPONDENT’S REFERENCE/DOCKET NO: SEV.008
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.
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Serial Number 76/348139
The assigned examining attorney has reviewed the statement of use filed on July 15, 2004, and has determined the following.
The specimens do not show trademark use of the mark for any goods identified in the statement of use, for either class of goods.
The specimens are unacceptable as evidence of actual trademark use because they are advertisements for the goods. Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are not acceptable specimens. In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979); TMEP §§904.05 and 904.07. See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984). Examples of acceptable specimens are tags, labels, instruction manuals, containers, and photographs that show the mark on the goods or packaging. TMEP §§904.04 et seq.
The applicant must submit a specimen showing use of the mark for the goods specified in each class. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimens were 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. §2.59(b); TMEP §904.09.
The statement supporting use of the substitute specimens must read as follows:
The substitute specimens were in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use.
The applicant must sign this statement either in affidavit form or with a declaration under 37 C.F.R. §2.20; TMEP §§904.09 and 1109.09(b).
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. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.05 and 1109.09(a).
In the class 21 dates of use clause, the applicant has specified a date of first use of the mark in commerce which is earlier than the date of first use anywhere. (Note how the date of first use anywhere is December 14, 2002, while the date of first use in commerce is stated as a year earlier.) This is not possible because use in commerce by definition includes use anywhere. TMEP §903.04. Therefore, the applicant must amend the dates‑of‑use clause to specify a date of first use anywhere that is not later than the date of first use in commerce. The applicant must verify this amendment with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.04 and 903.05.
The following is a properly worded declaration under 37 C.F.R. §2.20.
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)
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(Print or Type Name and Position)
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(Date)
If the applicant has any questions about this Office action, please telephone the assigned examining attorney.
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
To reach the undersigned attorney by telephone after November 1, 2004, please call (571) 272 -9318. Thank you.
/Steven Foster/
Steven Foster, Trademark Attorney
Law Office 106
(703) 308-9106 Ext. 123
Fax number for the Law Office: (703) 746-8106
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.