UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/400351
APPLICANT: MONERIS SOLUTIONS, INC.
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CORRESPONDENT ADDRESS: JOHN R. CROSSAN CHAPMAN AND CUTLER 111 WEST MONROE STREET CHICAGO, ILLINOIS 60603-4080
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom105@uspto.gov
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MARK: MONERIS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1713122
CORRESPONDENT EMAIL ADDRESS:
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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 76/400351 MONERIS & DESIGN
This letter responds to the applicant’s communication filed on March 25, 2003.
The date the application declaration had been signed is noted and entered into the record.
FINAL REQUIREMENT: Dates of Use Clause Omitted
The applicant has not submitted a verified statement required under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §903, supporting the dates of first use of the mark. Thus, the dates of use of the proposed mark are not acceptable until the applicant submits the required affidavit or declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §903. Trademark Act Section 1(a)(2), 15 U.S.C. §1051(a)(2); 37 C.F.R. §2.34(a)(1)(ii) and (iii). See the attached document.
Proper Response to Final Action
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).
Please note: If the applicant submits a response via email, an electronic signature is required. An applicant, registrant or attorney may sign an e-mail communication by entering a “symbol” that he or she has adopted as a signature between two slashes. In addition, the Office will accept an e-mail communication containing the “/s/” (“/(signature)/”) notation in lieu of a signature. A scanned image of a document signed in ink is also acceptable, as long as the image is attached in .jpg or .gif format. TMEP Section 304.08.
Effective January 1, 2003, the fee for filing an application for trademark registration was increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class.
Danielle I. Mattessich
Trademark Attorney
Law Office 105
(703) 308-9105 ext. 261
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.
76400351
The date of first use of the mark anywhere is: December 4, 2000
The date of first use of the mark in commerce which the U.S. Congress may regulate is: December 4, 2000
DECLARATION
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 he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, that the mark is in use in commerce and was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date; that to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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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