Offc Action Outgoing

APTIS

Aptis, Inc.

TRADEMARK APPLICATION NO. 76377068 - APTIS - N/A

UNITED STATES DEPARTMENT OF COMMERCE

To:	Aptis, Inc. (amy.meeks@aptissoftware.com)
Subject:	TRADEMARK APPLICATION NO. 76377068 - APTIS - N/A
Sent:	10/23/03 2:32:07 PM
Sent As:	ECom108
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/377068

APPLICANT: Aptis, Inc.

CORRESPONDENT ADDRESS:

Amy Meeks

Aptis, Inc.

Suite 102

2499 Capitol of Texas Highway South

Austin TX 78746

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom108@uspto.gov

MARK: APTIS

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

amy.meeks@aptissoftware.com

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.

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 76/377068

This letter responds to the applicant’s communication filed on October 1, 2003.

The amendments to recitation of services and substitute specimens have been accepted and entered in the record.

Upon further consideration, the application displays the mark as APTIS and DESIGN. However, this differs from the display of the mark on the specimen, where it appears APTIS. The applicant cannot amend the drawing to conform to the display on the specimen because the character of the mark would be materially altered. 37 C.F.R. §2.72(a); TMEP §§807.14, 807.14(a) and 807.14(a)(i).

Therefore, the applicant must submit a substitute specimen that shows use of the mark as it appears in the application. 37 C.F.R. §2.51; TMEP §807.14. The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application. 37 C.F.R. §§2.59(a) and 2.72(a); TMEP §904.09.

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

/Amos T. Matthews/

Examining Attorney

Law Office 108

(703) 308-9108 ext. 293

(703) 746-8108 (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 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

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.