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  76/412828

 

This letter responds to the applicant’s communication filed on June 30, 2003.

 

Ms. Krebs is no longer with this Office: prosecution of this application has been transferred to the undersigned.

 

The receipt of the statement of use gives rise to the following new issue.

 

Specimen

 

The specimen is unacceptable as evidence of actual trademark use for three reasons: one, the specimen appears improper in form (advertising) to show use for goods; two, the specimen refers to the products as “coming soon” and therefore does not show use of the mark in commerce in connection with the sale of the goods; and three, the mark shows the marks as “PRO E” rather than “PRO-E.” 

 

With respect to the last, the applicant must either:

 

(1)  submit a new drawing of the mark that agrees with a substitute specimen to be submitted showing the mark as “PRO E”; 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).  In this case, amendment would not materially alter the mark.

 

The applicant must submit a specimen showing the mark as used in commerce.  37 C.F.R. §2.56.  Examples of acceptable specimens are tags, labels, instruction manuals, containers or photographs that show the mark on the goods or packaging.  TMEP §904.04 et seq.  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.  Jim Dandy Co. v. Siler City Mills, Inc., 209 USPQ 764 (TTAB 1981); 37 C.F.R. §2.59(a); TMEP §904.09.

 

If the applicant has any questions regarding this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

 

/Jeri Fickes/

Trademark Examining Attorney

Law Office 108

703/308-9108 x.167

fax 703/746-8108

ecom108@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.

 

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.