UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/436588
APPLICANT: Porter-Cable Corporation
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: QUIK-CHANGE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 5809.152-US-
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.
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Serial Number 76/436588
This letter responds to the applicant’s communication filed on November 1, 2004.
The applicant (1) explained the discrepancy in the body of the statement of use as to the owner of the mark; and (2) submitted a clear copy of the originally-submitted specimen. Both of the foregoing are acceptable. However, the following new issue is raised by the applicant’s specimen submission.
The drawing displays the mark as QUIK-CHANGE (Stylized). However, this differs from the display of the mark on the specimen, where it appears as QUIK-CHANGE (Stylized), but stylized in a different manner than the mark shown on the drawing page. The typeface on the specimen is different than the typeface on the drawing. The applicant must either:
(1) submit a new drawing of the mark that agrees with the specimen; or
(2) submit a substitute specimen that shows use of the mark shown in the drawing.
The applicant may not amend the drawing if the amendment would materially alter the character of the mark. 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i). In this case, the applicant would be permitted to amend the drawing of the mark so that it is consistent with the mark shown on the specimen. However, if it does so, the applicant is advised that the amended drawing would then be inconsistent with the mark shown on the specimen originally submitted with the application for the use-based goods, i.e., the “POWER TOOLS, NAMELY POWER DRIVEN RECIPROCATING SAWS FOR WOOD AND METAL CUTTING; JIG SAW BLADE CLAMP SOLD AS AN INTEGRAL COMPONENT OF JIG SAWS.”
If a substitute specimen is submitted, 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. The statement supporting use of the substitute specimen must read as follows:
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.
A prompt response to this Office action will expedite the handling of this matter.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Barbara A. Gaynor/
Barbara A. Gaynor
Trademark Examining Attorney
Law Office 115
(571) 272-9164
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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.