UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/398715
APPLICANT: Primary Care Development Corporation
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CORRESPONDENT ADDRESS: PATRICIA GAROFALO KALKINES, ARKY, ZALL & BERNSTEIN LLP 1675 BROADWAY NEW YORK NY 10019
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom110@uspto.gov
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MARK: PCDC
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: pgarofalo@kazb.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.
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Serial Number 76/398715
The Office has reassigned this application to the undersigned examining attorney.
This Office Action responds to the applicant’s Response, filed on February 20, 2002 in the Trademark Office. Applicant amended the recitation of services. The amendment is acceptable and is entered. However, the specimen requirement for Class 41 is maintained and made FINAL.
Applicant responded to the multi-class application issue by adding class 41 to the application. Applicant was instructed to submit at least one specimen for each additional class. Applicant responded by indicating that the specimen of record supports the Class 41 educational services. It does not. The specimen does not show use of the mark for any educational services identified in the application. The applicant must submit a specimen showing use of the mark for the goods/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 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.
Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700. 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. §2.65(a).
This requirement is made FINAL.
If further information or assistance is needed in responding to this Office Action, please feel free to contact the trademark attorney listed below.
/Shari L. Sheffield/
Shari Sheffield
Trademark Attorney
Law Office 110
703-308-9110 ext. 167
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.