UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/412684
APPLICANT: BETA Center, Inc.
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CORRESPONDENT ADDRESS: JENNY C. HAZEL FOLEY & LARONER GREENLEAF BUILDING 200 LAURA STREET JACKSONVILLE FL 32202-3508 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
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MARK: BRAIN POWER
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CORRESPONDENT’S REFERENCE/DOCKET NO: 999500-167
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 76/412684
This letter responds to the applicant’s communication filed on April 8, 2003.
RECITATION OF SERVICES
The applicant has amended the recitation of services to a list of goods in class 16, namely, books and literature addressing topics in the fields of parenting, child development and childcare. The examining attorney has carefully considered the applicant’s amendment but believes that it is unacceptable as being beyond the scope of the original recitation of services. Accordingly, the requirement to submit an acceptable recitation of services is repeated and made FINAL.
The applicant was required to submit acceptable specimens for the recitation of services as originally stated. The specimens of record are unacceptable for both the original recitation of services and the current identification of goods. Accordingly, the requirement to submit acceptable specimens is repeated and made FINAL. The applicant must submit a specimen showing use of the mark for the goods/services specified. 37 C.F.R. §2.56; TMEP §904. 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 at least as early as the filing date of the application. 37 C.F.R. §2.59(a); TMEP §904.09.
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 and TMEP Chapter 1700. 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).
/Darlene D. Johnson/
Trademark Attorney
Law Office 111
(703)308-9111 ext. 145
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.