UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/430890
APPLICANT: AGA Medical Corporation
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CORRESPONDENT ADDRESS: THOMAS J. NIKOLAI NIKOLAI & MERSEREAU, P.A. 820 INTERNATIONAL CENTRE 900 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402-3325 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: AGA
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CORRESPONDENT’S REFERENCE/DOCKET NO: 20020217
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 76/430890
Introduction
The assigned examining attorney has reviewed the statement of use filed on 11/10/03 and has determined the following.
Drawing/Specimen
The drawing displays the mark as a stylized T. However, this differs from the display of the mark on the specimen, where it appears as a stylized T as part of the mark TORQVUE. 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).
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.
/Howard B. Levine/
Examining Attorney
Law Office 115
(703)308-9115 x141
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.