UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  76/357088

 

This letter responds to the applicant's communication filed on 5-21-03.  The amended identification of goods has been accepted and entered in the record. The 2(f) request and declaration are likewise accepted. However, after going back through the file, there is one remaining anomaly.

 

THERE ARE THREE CLASSES OF GOODS IDENTIFIED BUT JUST ONE SPECIMEN OF USE HAS BEEN SUBMITTED.

 

As applicant is aware, there must be at least one specimen of use for every Class of goods or services for which a trademark is sought. In this case there is a specimen of goods for the Class 7 machine goods but none for the Class 8 hand tools or the Class 17 filamentary adhesives (glue-provided threads of fiber glass, nylon or perlon.) Before this application may be approved for publication, the missing specimens must be submitted.

 

Since the required specimens were not submitted contemporaneously with the allegation of use, they are considered “substitute specimens” and will require a substitute specimen declaration suitable for an allegation of use. The form is attached hereto for applicant’s convenience. If possible it would be expeditious to fax these specimens. If the process would corrupt the specimens, ordinary mail is perfectly acceptable.

 

SUBSTITUTE SPECIMEN DECLARATION

 

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.  The substitute specimens were in use in commerce at least as early as the filing date of the amendment to allege use.

 

 

_____________________________

                (Signature)

 

_____________________________

(Print or Type Name and Position)

 

_____________________________

                    (Date)

 

 

EXPEDITED COMMUNICATIONS

 

Substitute specimens and declarations are best done by fax, as are domestic representative appointments, revocations and the like. The examining attorney’s personal  numbers are:

 

Tel. 703-308-9114 Ext. 433

Fax: 703-746-6267

E-Mail:  jill.alt@uspto.gov

 

 

 

/Jill C. Alt/

Trademark Attorney

Law Office 114

Tel. (703) 308-9114 Ext. 433

Fax:(703) 746-8114

E-Mail: ecom114@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 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, 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.