| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76357549 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
The Examiner objected to the specimen submitted with the Statement of Use, stating that the mark appears to be merely advertising for the product. Applicant submits herewith a substitute specimen. The substitute specimen comprises a copy of the product itself, filter bag for vacuum cleaner, showing the mark printed on the product itself. A declaration that the substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use is enclosed herewith. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\ticrs\EXPORT9\IMAGEOUT9 \763\575\76357549\xml2\RO A0002.JPG |
| DESCRIPTION OF EVIDENCE FILE | the specimen is a copy of the product itself with the mark printed thereon |
| SIGNATURE SECTION | |
| SIGNATURE | /Patrick R. Roche/ |
| SIGNATORY NAME | Patrick R. Roche |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 05/13/2004 |
| SIGNATURE | /Patrick R. Roche/ |
| SIGNATORY NAME | Patrick R. Roche |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 05/13/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu May 13 11:02:31 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXX-20040 513110231048023-76357549- 20078213bc5941ea3e2fa23ab 4da974a-N-N-2004051311020 2605128 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76357549 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
The Examiner objected to the specimen submitted with the Statement of Use, stating that the mark appears to be merely advertising for the product. Applicant submits herewith a substitute specimen. The substitute specimen comprises a copy of the product itself, filter bag for vacuum cleaner, showing the mark printed on the product itself. A declaration that the substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use is enclosed herewith. |
|
| Evidence | |
| Evidence in the nature of the specimen is a copy of the product itself with the mark printed thereon has been attached. | |
| Evidence-1 | |
| Declaration Signature |
|
| 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. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods and/or services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true as set forth within the original application and/or the submitted amendment/response. | |
| Signature: /Patrick R. Roche/ Date: 05/13/2004 | |
| Signatory's Name: Patrick R. Roche | |
| Signatory's Position: Attorney | |
| Response Signature | |
| Signature: /Patrick R. Roche/ Date: 05/13/2004 | |
| Signatory's Name: Patrick R. Roche | |
| Signatory's Position: Attorney | |
| Serial Number: 76357549 | |
| Internet Transmission Date: Thu May 13 11:02:31 EDT 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXX-20040513110231048023 -76357549-20078213bc5941ea3e2fa23ab4da97 4a-N-N-20040513110202605128 |
