Priority Action

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

PRIORITY ACTION

 

 

RESPONSE TIME LIMIT:  To avoid abandonment, the Office must receive a proper response to this Office action within six-months of the mailing or e-mailing date.  If applicant responds to the issues below within two months of the above mailing or e-mailing  date, this case will be given priority handling.  TMEP §708.01.

 

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.

 

OFFICE RECORDS SEARCH:  The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

QUESTIONS:  Please contact the assigned trademark examining attorney with any questions.

 

Serial Number  76/396098

 

The following were discussed in communication with Kat Miller on May 25, 2006.  Applicant must respond to each refusal and/or requirement raised below.

 

 

SPECIMEN

 

Applicant must submit (1) a true copy of the originally submitted specimen, and (2) a statement by the person who transmitted the statement of use to the Office that the resubmitted specimen is a true copy of the specimen that was submitted with the statement of use.  TMEP §904.02.  Although a specimen was submitted, the digitized image did not print legibly due to technical difficulties.

 

If a true copy of the originally submitted specimen is not available, and a different specimen is being submitted, then the substitute specimen must be accompanied by 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 an affidavit or a signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.59(b)(2).

 

Applicant must also provide evidence to substantiate use of the mark as a house mark.  Such evidence may comprise product catalogs or similar evidence showing broad use of the mark.  37 C.F.R. §2.61(b); TMEP §1402.03(b). 

 

If applicant is unable to provide such evidence, then the identification must be amended to delete “house mark for” and specify the common commercial or generic name for each item.  TMEP §§1402 et seq.

 

/Karen K. Bush/

Trademark Examining Attorney

Law Office 105

571-272-9136

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

·            ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.

·            REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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