UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/374430
APPLICANT: CELINE
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CORRESPONDENT ADDRESS: LISA N. KAUFMAN DENNISON SCHULTZ & DOUGHERTY 612 CRYSTAL SQUARE 4 1745 JEFF DAVIS HIGHWAY ARLINGTON VA 22202-3417 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom107@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: CELINE
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CORRESPONDENT’S REFERENCE/DOCKET NO: T02-036
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 76/374430
This letter responds to the applicant's communication filed on January 27, 2003. The amendment to the identification of goods and the claim or prior registrations are acceptable. The examining attorney withdraws the citations of Serial Nos. 76-309785 and 76-359414.
NOTICE OF SUSPENSION
Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from the applicant's country of origin. When an application is filed pursuant to Section 44(d), this Office presumes, unless otherwise indicated, that the applicant intends to rely upon the resulting foreign registration as a basis for registration in the U.S. TMEP §§806.02(f) and 1003.03. Under such circumstances, the application may not be approved for publication until a certification or certified copy of the foreign registration and, if appropriate, an English translation have been filed. It is customary for the translator to sign the translation. If the foreign application is abandoned, the Examining Attorney should be advised.
The following issues are continued and hereby suspended.
The application must be signed, and verified or supported by a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.33. No signed verification or declaration was provided. Therefore, the applicant must provide a signed verification or signed declaration attesting to the facts set forth in the application.
If the application is based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the verified statement must include an allegation that the mark is in use in commerce and was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. §2.34(a)(1)(i); TMEP §§804.02, 806.01(a) and 901.
If the application is based on Trademark Act Section 1(b) or 44, 15 U.S.C. §1051(b) or 1126, the verified statement must include an allegation that the applicant had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. §§2.34(a)(2)(i), 2.34(a)(3)(i) and 2.34(a)(4)(ii); TMEP §§804.02, 806.01(b), 806.01(c), 806.01(d) and 1101.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
D. Beryl Gardner
Examining Attorney
Law Office 112
410/997-6378
703/308-9112 x180
ecom112@uspto.gov (formal response)
beryl.gardner@uspto