UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/407696
APPLICANT: Louis Berkman Company, The
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CORRESPONDENT ADDRESS: ROBERT V. VICKERS, ESQ. FAY, SHARPE, FAGAN, MINNICH & MCKEE, LLP 1100 Superior Avenue, Seventh Floor CLEVELAND, OHIO 44114-2518
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: MEYER SNOWPLOWS
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CORRESPONDENT’S REFERENCE/DOCKET NO: MP-13403
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 76/407696
The examining attorney acknowledges receipt of applicant’s Statement of Use filed August 22, 2003. The Statement of Use is unacceptable for the following reason.
The specimen does not show use of the mark for the goods identified in the statement of use. The mark appears on a pickup truck, but a different mark appears on the snow plow – the goods identified in the statement of use. If the pickup truck and the snow plow are sold together as a unit, the applicant need only so state. Otherwise, the applicant must submit a specimen showing use of the mark for the goods specified. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). 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); TMEP §904.09.
If an amendment of the dates-of-use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.05 and 1109.09(a).
If the applicant has any questions, please contact the undersigned.
/Janice L. McMorrow/
Examining Attorney
Law Office 115
703-308-9115 x 170
ecomm115@uspto.gov
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.