UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/399806
APPLICANT: Electronic Information Solutions
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CORRESPONDENT ADDRESS: CHRISTOPHER J DAY LAW OFFICE OF CHRISTOPHER DAY 340 E PALM LANE STE 282 PHOENIX AZ 85004
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK: BODHI
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: Chris@DayLawFirm.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 76/399806
This letter responds to the applicant’s communication dated September 22, 2002 in which the applicant 1) amended the identification of goods and recitation of service; 2) addressed the significance of the mark; and 3) submitted substitute specimens. Items 1 and 2 are acceptable. The applicant must note the following.
The prior cited application has abandoned.
The substitute specimen is unacceptable as evidence of actual service mark use because it does not refer to the services in the recitation. The specimen appears to be of a site where one can order software that provides the financial information. The site itself does not provide the financial information.
The applicant must submit a specimen showing the mark as it is used in commerce for the services of record. 37 C.F.R. §2.56. Examples of acceptable specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services. TMEP §§1301.04 et seq. 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.
This requirement is continued and made FINAL.
Options
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; TMEP Chapter 1700 regarding petitions. 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).
/Cheryl L. Steplight/
Trademark Examining Attorney
Law Office 103
202.581.2054 ext. 198
703.746.8103 (Fax)
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.