UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/375904
APPLICANT: Belk Stores Services, Inc.
|
|
|
CORRESPONDENT ADDRESS: MARTHA GAYLE BARBER ALSTON & BIRD LLP BANK OF AMERICA PLAZA 101 SOUTH TRYON STREET, SUITE 4000 CHARLOTTE, NORTH CAROLINA 28280-4000 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
|
|
MARK: HOME ACCENTS GOURMET
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 76/375904
The assigned examining attorney has reviewed the statement of use filed on March 10, 2004 and has determined 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 as HOME ACCENTS GOUMET, and the specimen shows the mark as GOURMET HOME ACCENTS.
Applicant must either:
(1) submit a new drawing of the mark that agrees with the specimen but does not materially alter the mark, namely, one that shows the mark as GOURMET HOME ACCENTS; 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. §2.20. At the end of the response, the applicant should insert the declaration signed by a person authorized to sign under 37 C.F.R. §2.33(a).
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.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
RESPONSE GUIDELINES
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements in writing and request that the Office enter them. Even if the adopted changes are taken directly from the suggestion in the office action [e.g. a change in the identification of goods and services], the applicant should put any desired changes into a written response. This will allow the Office to enter the changes upon receipt of the applicant’s response and speed processing of any amendments to the application. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.
To ensure that its response is considered timely, applicant may wish to add the following completed “certificate of mailing” to the end of its response. Applicant should keep a photocopy of its response with the signed certificate, in case the response is lost or misplaced. See TMEP §§305.02 et seq.
CERTIFICATE OF MAILING
I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to: Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Virginia 22202-3514, on the date below.
________________________________________________
(Typed or Printed Name of Person Signing Certificate)
________________________________________________
(Signature)
________________________________________________
(Date)
The certificate of mailing procedure does not apply to the initial filing of trademark applications. 37 C.F.R. §2.197(a)(2).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Tanya Amos/
Trademark Examining Attorney
Law Office 113
(703) 308-9113 Ext. 135 Phone
(703) 746-6485 Fax
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.