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  76/431704

 

The assigned examining attorney has reviewed the statement of use filed on September 29, 2003 and has determined the following.

 

Insufficient fee

Although this is a combined application for goods in 2 classes, the statement of use was accompanied by a fee for only one.  The statement of use must include the prescribed fee.  37 C.F.R. §2.88(b)(3).  The fee for filing a statement of use is $100.00 per class.  37 C.F.R. §2.6(a)(3).

 

Therefore, the applicant must either:  (1) pay an additional fee of $100.00 for each class not covered by the amount already paid, or (2) amend the application to abandon classes for which the prescribed fee is not paid.  The additional fee must be paid within the period for response to this action or within 36 months of the issuance of the notice of allowance, whichever is earlier.  TMEP §1109.15.

 

Specimen

If the applicant adds any classes, the applicant must submit a specimen showing use of the mark in each new class.  37 C.F.R. §2.86(a)(3); TMEP §§904.01(b) and 1403.01.  The applicant must verify that the new specimen was in use in commerce on or before the application filing date with an affidavit or a declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.59(a).  If, however, the new specimen is of the same type as those already of record, the applicant need not verify the date of use.

 

 

/Ysa de Jesus/

Trademark Attorney

US Patent and Trademark Office

(t)703.308.9114 x-476

 

 

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.