UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/422311
APPLICANT: Sysco Corporation
|
|
|
CORRESPONDENT ADDRESS: NATHAN C. BELZER HUNTER, MACLEAN, EXLEY & DUNN, P.C. 200 E. SAINT JULIAN ST. P.O. BOX 9848 SAVANNAH, GA 31412 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
|
|
MARK: CITAVO CAFE
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 012630-00317
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 76/422311
The assigned examining attorney has reviewed the statement of use filed on October 2, 2003, and has determined the following.
The drawing displays the mark as “CITAVO CAFE” in a standard form drawing. However, this differs from the display of the mark on the specimen, where it appears as CITAVO CAFÉ SPECIALITY COFFEES (AND DESIGN). The words appear as a unit only with the design. The applicant cannot amend the drawing to conform to the display on the specimen because the character of the mark would be materially altered. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i). Registration of the proposed mark in connection with the goods/services would effectuate a mutilation of the matter shown on the specimen. See TMEP § 807.14(b).
Therefore, the applicant must submit a substitute specimen that shows use of the mark as it appears on the drawing. 37 C.F.R. §2.51; TMEP §807.14. 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 prior to the expiration of the time allowed to the applicant for filing a statement of use. 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §904.09.
If the applicant has any questions concerning this Office action, please telephone the assigned examining attorney.
/ELIZABETH J. WINTER/
Trademark Examining Attorney
Law Office 113
(703) 285-1184; FAX (703) 746-6228
(703) 308-9113 ext. 480 (Thurs.)
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 to this Office action electronically, the applicant must:
o include the serial number in the subject line;
o send the response to ecom113@uspto.gov. Responses sent to any other address will NOT be processed, and may result in ABANDONMENT of the application;
o submit specimens and/or evidence as scanned images or digital photographs .JPG format only. NO OTHER FORMATS WILL BE PROCESSED (TMEP §304.01);
o respond within six-months from the Office action mailing date, or within the period stated in the Office action;
o respond in English; and
o sign the response electronically, e.g. /john smith/. See 37 CFR §1.4(d)(1)(iii); TMEP §§304.08 and 804.05.
If the applicant wishes to receive future office actions by e-mail, the applicant must state in the response that “The applicant authorizes the USPTO to communicate with the applicant electronically at the following e-mail address: ____________.” Note: only one e-mail address may be used for correspondence. TMEP §804.07.
The examining attorney will send correspondence only to the e-mail address listed in the application. A request to change an e-mail address may be submitted by signed e-mail to one of the above e-mail addresses.
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.