UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/411605
APPLICANT: HIRSCHBERG SCHUTZ & COMPANY, INC.
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CORRESPONDENT ADDRESS: DAVID M. KOHANE COLE, SCHOTZ, MEISEL, FORMAN & LEONARD, 25 MAIN STREET HACKENSACK, NEW JERSEY 07601
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: INSTA-CURL
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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 76/411605
The examining attorney acknowledges the applicant’s statement of use. Amendment is required.
Drawing
The mark as depicted on the drawing disagrees with the mark as it appears on the specimen, and clarification is required. Specifically, the drawing displays the mark as INSTA-CURL, and the specimen shows the mark as INSTA CURL (no dash).
Applicant must either:
(1) submit a new drawing of the mark that agrees with the specimen but does not materially alter the mark; 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i); or
(2) submit a substitute specimen that shows use of the mark shown in the drawing and includes a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed to applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §904.09.
Applicant may not withdraw the statement of use. 37 C.F.R. §2.88(g).
If a new specimen is submitted, the applicant must verify, with an affidavit or a declaration under 37 C.F.R. Section 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.
The following is a properly worded declaration under 37 C.F.R. Section 2.20. At the end of the response, the applicant should insert the declaration signed by an officer of the corporation.
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 an amended drawing is provided a disclaimer of the descriptive CURL is required. The goods are self curling ribbon. Thus, CURL describes an important feature of the goods.
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP section 1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use “CURL” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Daniel F. Capshaw/
Examining Attorney
Law Office 110
703.308.9110 ext. 241
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.