Offc Action Outgoing

IT TAKES TWO

OMS INVESTMENTS, INC.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/385410

APPLICANT: OMS INVESTMENTS, INC.

CORRESPONDENT ADDRESS:

CORY M. AMRON

VORYS, SATER, SEYMOUR AND PEASE LLP

1828 L STREET N.W., 11TH FLOOR

WASHINGTON, D.C. 20036

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom115@uspto.gov

MARK: IT TAKES TWO

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.

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 76/385410

The examining attorney acknowledges receipt of applicant’s Statement of Use filed June 18, 2003. The Statement of Use is unacceptable for the following reason.

Specimen

The specimen does not show use of the mark for the goods identified in the statement of use. Instead of showing use of the proposed mark in connection with “hand operated applicators for herbicides, insecticides, and pesticides,” the specimen shows the proposed mark in connection with the herbicides, insecticides and pesticides. The applicant must submit a specimen showing use of the mark for the goods specified. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). 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 prior to the expiration of the time allowed to the applicant for filing a statement of use. 37 C.F.R. §2.59(b); TMEP §904.09.

If an amendment of the dates-of-use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.05 and 1109.09(a).

If the applicant has any questions, please contact the undersigned.

/Janice L. McMorrow/

Examining Attorney

Law Office 115

703-308-9115 x 170

ecomm115@uspto.gov

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.