To: | Ty Inc. (srogers@ty.com) |
Subject: | TRADEMARK APPLICATION NO. 76416656 - TYTIPS - N/A |
Sent: | 11/5/03 5:04:05 PM |
Sent As: | ECom108 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/416656
APPLICANT: Ty Inc.
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CORRESPONDENT ADDRESS: Amy S. DiSanto Ty Inc. 280 Chestnut Westmont IL 60559-1139
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom109@uspto.gov
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MARK: TYTIPS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: srogers@ty.com |
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 76/416656
I. INTRODUCTION
This Office Action responds to the applicant’s Statement of Use dated August 11, 2003. Having carefully considered the applicant’s SOU, the examining attorney has determined the following.
In the Statement of Use, the applicant has described the goods more broadly than those described in the Notice of Allowance. The identification in the Notice of Allowance lists “fabric, namely, synthetic fabric for textile use,” while the Statement of Use lists “textiles and textile goods, not included in other classes; bed and table covers.” The goods or services specified in the amended identification may not exceed the scope of those set forth in the notice of allowance. Accordingly, the applicant must submit an amended identification that is within the scope of the identification in the Notice of Allowance. TMEP §§1109.11(b) and 1109.13. If the applicant expressly amends the application to delete any goods set forth in the notice of allowance, those items may not be re‑inserted in the identification. See 37 C.F.R. §2.71(a).
The Statement of Use must be signed and dated, and verified or supported by a declaration under 37 C.F.R. Section 2.20. 37 C.F.R. Section 2.33. No signed and dated verification or declaration was provided. Therefore, the applicant must provide a signed and dated verification or declaration attesting to the facts set forth in the Statement of Use. The following is a properly worded declaration under 37 C.F.R. Section 2.20.
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)
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(Print or Type Name and Position)
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(Date)
III. CONCLUSION
If the applicant has any questions or needs assistance in responding to this Office action, please do not hesitate to telephone the assigned examining attorney.
/Nicholas K.D. Altree/
Trademark Attorney
Law Office 108
(703) 308-9108, ext. 132
Fax: (703) 746-8108
nick.altree@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.