Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/412527

 

This letter responds to the applicant’s communication filed on April 7, 2003.

 

The applicant has (1) submitted an amended recitation of services, and (2) submitted amended dates of use.  The amended recitation of services is acceptable, however, the applicant has not classified the services correctly.  The applicant did not respond to the requirement for clarification of the drawing type.  The applicant did not provide the date the application declaration was signed. 

 

The requirements for an acceptable drawing and the requirement for the date the application declaration was signed are maintained and continued.

 

Application Declaration Date Required

 

In the Office Action of December 16, 2002, the examining attorney required that the applicant provide the date that the application declaration was signed.  The applicant did not respond to this requirement.

 

The applicant must indicate the date the application declaration was signed.  TMEP §804.01(b).

 

 

 

 

Type of Drawing Uncertain

 

In the Office Action of December 16, 2002, the examining attorney issued a requirement for an acceptable drawing because the applicant’s drawing page contains both a typed version of the proposed mark and a special-form version of the proposed mark.  The applicant did not respond to the requirement for an acceptable drawing.

 

It is unclear whether the applicant seeks to register its mark in typed or special form. If the applicant wishes to register the typed version of the mark, the applicant must submit a drawing on which the mark is typed entirely in capital letters.  If the applicant intends to show the mark in special-form, the applicant must submit an acceptable special‑form drawing.  37 C.F.R. Sections 2.51 and 2.52. 

 

The special-form drawing submitted by the applicant is unacceptable because it contains color and it exceeds the size limitations for a special-form drawing.  If the applicant wishes to register the mark in special-form, the applicant must submit a substitute drawing which complies with the requirements for a special-form drawing.  The requirements for a special‑form drawing are as follows:

 

(1) The drawing must appear in black and white; no color is permitted.

 

(2)  Every line and letter must be black and clear.

 

(3)  The use of gray to indicate shading is unacceptable.

 

(4)  The lining must not be too fine or too close together.

 

(5)  The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide.  It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.

 

(6)  If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.

 

37 C.F.R. §2.52; TMEP §§807.01(b) and 807.07(a).  The Office will enforce these drawing requirements strictly. 

 

The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant’s complete name; the applicant’s address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application.  37 C.F.R. §2.52(b); TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.07(a).

Incorrect Classification of Services

 

The applicant has classified the services incorrectly by placing them in International Class 38.  The applicant must amend the application to classify the services in International Class 45.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).

 

Dates of Use Not Verified

 

The application as filed contained a date of first use anywhere and a date of first use in commerce of March 1, 2002.  In its response the applicant amended the date of first use anywhere and the date of first use in commerce to February 1, 2002.  The amended dates of use were not properly verified.  The dates of use must be verified with an affidavit or a declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.34(a)(1)(i); TMEP §§804.02, 806.01(a) and 901.

 

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)

 

Telephone for Assistance

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

/Michael Souders/

Trademark Attorney

Law Office 115

ecom115@uspto.gov

(703) 308-9115 ext. 208

 

 

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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.