UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/359881
APPLICANT: Hawk Corporation
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CORRESPONDENT ADDRESS: GARY L. JONES KOHRMAN JACKSON & KRANTZ P.L.L. 1375 EAST NINTH STREET ONE CLEVELAND CENTER, 20TH FLOOR CLEVELAND, OHIO 44114-1793 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: WELLMAN PRODUCTS GROUP
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/359881
This correspondence acknowledges applicant’s statement of use concerning the referenced mark.
The applicant is advised of the following:
The mark as depicted on the drawing disagrees with the mark as it appears on the specimen, and clarification is required. Specifically, the drawing displays the mark with the wording “PRODUCTS GROUP” to the right of “WELLMAN,” and the specimen shows the mark with said wording underneath “WELLMAN.”
Applicant must either:
(1) submit a new drawing of the mark that agrees with the specimen but does not materially alter the mark; 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i); or
(2) submit a substitute specimen that shows use of the mark shown in the drawing and includes a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed to applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §904.09.
Applicant may not withdraw the statement of use. 37 C.F.R. §2.88(g).
The following is a properly worded declaration under 37 C.F.R. Section 2.20. At the end of the response, the applicant should insert the declaration signed by someone authorized to sign under 37 C.F.R. Section 2.33(a).
The substitute specimen was in use in commerce prior to the expiration of the time allowed to applicant for filing a statement of use. 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.
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(Signature)
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(Print or Type Name and Position)
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Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. Additionally, the fee for amending an existing application to add an additional class or classes of goods/services is $335.00 per class for classes added on or after January 1, 2003.
Whether applicant chooses to respond via regular mail or electronic mail, applicant should submit its response using only one of these means of communication. Duplicate responses will delay the prosecution of the application.
Applicants may now file requests to change the correspondence address electronically on up to 20 applications at one time. The Office encourages applicants to use this time-saving form, available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm.
The following legal authorities govern the processing of trademark and service mark applications by the Office: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Office’s Trademark Manual of Examining Procedure (TMEP) (3rd ed., Rev. 2, May 2003), available on the United States Patent and Trademark Office web site at http://www.gov.uspto.report/main/trademarks.htm.
/Matthew J. Pappas/
Trademark Attorney
Law Office 105
703/308-9105 ext. 206
matthew.pappas@uspto.gov (informal)
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.