UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/444814
APPLICANT: Pedalino, Michael
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CORRESPONDENT ADDRESS: MICHAEL PEDALINO AXEL TOOL LLC 1104 LYNNETTE DR METAIRIE LA 70003-5614
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom114@uspto.gov
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MARK: AXEL
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/444814
The assigned examining attorney has reviewed the referenced application and determined the following.
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 1105.01.
It is unclear under what basis the application is filed. An application may be filed based on any of the following:
(1) use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a) (TMEP §806.01(a));
(2) a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b) (TMEP §806.01(b));
(3) a claim of priority, based on a foreign application filed within six months prior to the United States, under Trademark Act Section 44(d), 15 U.S.C. §1126(d) (TMEP §806.01(c));
(4) registration of a mark in the applicant’s country of origin under Trademark Act Section 44(e), 15 U.S.C. §1126(e) (TMEP §806.01(d)).
The applicant must specify at least one basis for filing and the applicant must submit all of the requirements for the basis asserted. TMEP §806. Depending on the circumstances, the applicant may be entitled to assert more than one basis for filing. In such a case, the applicant must: (1) satisfy all requirements for each basis claimed; (2) clearly indicate that it is claiming more than one basis, and (3) separately list each basis, followed by the goods or services to which that basis applies. See 37 C.F.R. §2.34. TMEP §§806.02 et seq.
Although multi-basis applications are permitted, the applicant may not assert both use in commerce under Trademark Act Section 1(a) and intent to use the mark in commerce under Trademark Act Section 1(b) for the same goods or services. 37 C.F.R. §2.34(b)(1); TMEP §806.02(b).
To base the application on the applicant’s use of the mark 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).
To base the application on a bona fide intention to use the mark in commerce, the applicant must submit the following statement:
The applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application since the filing date of the application.
This statement must be verified, 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(b), 15 U.S.C. §1051(b); 37 C.F.R. §2.34(a)(2)(i); TMEP §806.01(b).
The identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate:
Class 7: Power saw blades, namely, diamond tip blades for sawing concrete
TMEP section 804.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.
Please confirm that the mark is “AXEL” and not “AXEL TOOL NAME & LOGO.” If the mark is supposed to be AXEL TOOL than please see below.
For your convenience, the Trademark Status Line, (703) 305-8747, has been established for immediate case status inquiries, and is available Monday through Friday, from 6:30 a.m. until
Midnight, Eastern Standard Time.
If the applicant has any questions or needs assistance in responding to this letter, please telephone the assigned examining attorney.
/Ann K. Linnehan/
Trademark Attorney
Law Office 114
703/308-9114 ext. 127
ecom114@uspto.gov
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.