To: | SAURER GMBH & CO. KG (docket@kennedycovington.com) |
Subject: | TRADEMARK APPLICATION NO. 76385790 - NEUMAG - N/A |
Sent: | 2/13/2006 3:18:16 PM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/385790
APPLICANT: SAURER GMBH & CO. KG
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: NEUMAG
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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.
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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 76/385790
The assigned examining attorney has reviewed the referenced application and determined the following.
This letter responds to the applicant's communication filed on January 12, 2006, namely, a Statement of Use.
THIS REQUIREMENT APPLIES TO CLASS(ES) 37 ONLY.
Applicant must submit a specimen showing use of the mark for the services specified in the application in class 37, because the specimens currently of record does not appear to show use of the mark for those services identified in the statement of use. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). Applicant must also submit a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed 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)(2); TMEP §904.09.
The current specimens of record comprise excerpts from a catalog which shows the proposed mark appearing on the front page. They do not appear to show use for applicant’s services in class 37 because the legible portions of the specimens do not show the use of the mark for the services. The applicant must submit a legible copy of the specimen for class 37 services.
If the specimen is not the same as the one originally filed, it would be considered a substitute specimen and therefore, the applicant must verify, with a notarized 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); TMEP §904.09.
If applicant submits a response via electronic means, please note that the substitute specimen must be a digitized image submitted in .jpg format. 37 C.F.R. §2.56(d)(4).
The statement supporting use of the substitute specimen must read as follows:
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.
The statement must be verified with a notarized affidavit form or with a signed declaration under 37 C.F.R. §2.20; TMEP §§904.09 and 1109.09(b).
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.
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(Signature)
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(Print or Type Name and Position)
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(Date)
Partial Refusal as to Class(es)—Abandonment Advisory
If applicant should fail to respond to this Office action within the six month time limit, then Class(es) 37 will be deleted from the application and the application will proceed forward for Class(es) 7, 40, and 42 only.
/Alex Seong Keam/
Attorney
Law Office 114
Phone: (571) 272-9176
Fax for Responses: (571) 273-9114
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.