Offc Action Outgoing

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  76/374515

 

The assigned examining attorney has reviewed the statement of use filed on May 22, 2003, and has determined the following.

 

1.  The declaration of the statement of use states that the applicant “is using or is using through a related company the mark …”  An organization owns a collective membership mark, but its members use the mark.  The applicant must amend the SOU to state, if accurate, that the applicant “has adopted and is exercising legitimate control over the use of the mark in commerce by its members.”  TMEP §1304.09(d)(i).

 

The following is a properly worded declaration:

 

Applicant requests registration of the above-identified collective membership mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. §1051 et seq., as amended).  Applicant is the owner of the mark sought to be registered and has adopted and is exercising legitimate control over the use of the mark in commerce by its members, as evidenced by the attached specimen(s) showing the mark as used in commerce.

 

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

                                                                                    _____________________________

                                                                                                            (Signature)

                                                                                    _____________________________

                                                                                    (Print or Type Name and Position)

                                                                                    _____________________________

(Date)

 

2.  In light of the foregoing, it may be that the dates‑of‑use clause refers to use by the applicant rather than the members.  The members are the users of the mark.  If it is not their use that is reflected in the dates currently provided, the applicant must amend the dates‑of‑use clause to indicate use by members.  TMEP §1304.09(d)(iii).  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).

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

/Melvin T. Axilbund/

Melvin T. Axilbund

Examining Attorney, Law Office 113

ecom113@uspto.gov

703/308-9113 extension 196

 

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

 

Fee Increase Now in Effect

Effective January 1, 2003, the fee for filing an application for trademark registration increased to $335 per International Class.  The United States Patent and Trademark Office will not accord a filing date to applications filed on or after that date that are not accompanied by a minimum of $335.  At the same time, the fee for amending an existing application to add an additional class or classes of goods or services became $335 per class added.