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  76/381630

 

This letter responds to applicant’s communication filed on December 26, 2002.  The examining attorney acknowledges and has entered into the record applicant’s amended drawing page, claim of ownership of its prior registrations, amended identification of goods and services and specimens to support the use of the mark in classes 35 and 39.

 

The applicant’s substitute specimens for the goods in class 12 and services in class 42 are unacceptable because they do not show use of the mark for the respective goods and services.  The requirement for an acceptable recitation of services for class 42 and the requirement for acceptable specimens that support use of the mark for classes 12 and 42 are herein made FINAL.

 

The specimens do not show use of the mark for any goods in class 12 and services in class 42 as identified in the application.  Applicant’s specimen for class 12 is a brochure advertising car rental services, not the actual automobiles.  Additionally, applicant’s specimens for the services in class 42 are printouts from its web sites supporting vehicle rental services, not the computer programming services or computer rental services.  The applicant must submit specimens showing use of the mark for the goods and services specified.  37 C.F.R. §2.56; TMEP §904.  The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimens were in use in commerce at least as early as the filing date of the application.  37 C.F.R. §2.59(a); TMEP §904.09.

 

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board.  37 C.F.R. Section 2.64(a).  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. Section 2.65(a).

 

 

 

 

/Won T. Oh/

Law Office 104

(703) 308 - 9104 x-176

ecom104@uspto.gov

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.uspto.gov/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.uspto.gov/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.uspto.gov/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.uspto.gov/main/trademarks.htm

 

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