UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/432604
APPLICANT: Accudry, Inc.
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CORRESPONDENT ADDRESS: ANDREW C. AITKEN VENABLE, BAETJER, HOWARD & CIVILETTI 1201 NEW YORK AVENUE, NW, SUITE 1000 WASHINGTON DC 20005
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
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MARK: DRYZONE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 40280-180672
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 76/432604
This letter responds to the applicant’s communication filed on 11 July 2003.
As the applicant has amended its basis to use in commerce, the applicant must submit the following:
(1) A statement that the mark is in use in commerce, as defined by 15 U.S.C. §1127, and was in use in such commerce on or in connection with the goods or services listed in the application on the application filing date;
(2) The date of the applicant’s first use of the mark anywhere on or in connection with the goods or services;
(3) The date of the applicant’s first use of the mark in commerce as a trademark or service mark; and
(4) One specimen for each class, showing how the applicant actually uses the mark in commerce. If the specimen is not filed with the initial application, applicant must submit a statement that the specimen was in use in commerce at least as early as the application filing date.
These items must be verified by the applicant, i.e., supported either by an affidavit or by a declaration under 37 C.F.R. §§2.20 and 2.33. Trademark Act Section 1(a), 15 U.S.C. §1051(a); 37 C.F.R. §§2.34(a)(1) and 2.59(a); TMEP §806.01(a).
The applicant’s response fails to meet the following requirements. Accordingly, the applicant must address these requirements.
Use In Commerce: The applicant must submit a verified statement that the mark was in use in commerce on the identified goods at least as early as the application filing date.
(2) The specimen is unacceptable as evidence of actual trademark use because it is promotional material. Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are not acceptable specimens. In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979); TMEP §§904.05 and 904.07. See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984). The applicant must submit a specimen showing the mark as it is used in commerce. 37 C.F.R. §2.56. Examples of acceptable specimens are tags, labels, instruction manuals, containers, and 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. 37 C.F.R. §2.59(a); TMEP §904.09.
Upon further review, reference to U.S. Application Serial No. 75-856132 as a potential bar to registration is WITHDRAWN.[1]
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Katherine Stoides/
Examining Attorney
Law Office 110
(703) 308-9110 ext.166
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.