UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/403416
APPLICANT: RF Code, Inc.
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CORRESPONDENT ADDRESS: WILLIAM R. BACHAND SQUIRE, SANDERS & DEMPSEY L.L.P TWO RENAISSANCE SQUARE 40 NORTH CENTRAL AVENUE, SUITE 2700 PHOENIX, AZ 85004-4498 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: MANTIS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/403416
The assigned examining attorney has reviewed the statement of use filed on March 8, 2004 and has determined the following.
The drawing displays the mark as MANTIS. However, this differs from the display of the mark on the specimen, where it appears as MANTIS READER. The applicant must either:
(1) submit a new drawing of the mark that agrees with the specimen; or
(2) submit a substitute specimen that shows use of the mark shown in the drawing.
The applicant may not amend the drawing if the amendment would materially alter the character of the mark. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i).
If a substitute specimen is submitted, 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 prior to the expiration of the time allowed to the applicant for filing a statement of use. 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §904.09.
An acceptable declaration can be in the format as set out below:
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 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.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
If Applicant amends the drawing to “MANTIS READER,” the applicant must disclaim the descriptive wording "READER" apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.02(a). The wording is merely descriptive because it identifies the nature of the goods.
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use READER apart from the mark as shown.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Caroline Fong Weimer/
Examining Attorney
Law Office 115
(703) 308-9115 ext. 211
(703) 872-9875 (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 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.