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  76/448312

 

This letter responds to the applicant's communication filed on August 8, 2003.  The amended drawing has been accepted.  However, the applicant submitted a request for extension of time to file a statement of use which was premature because the mark has not been approved for publication.  As a result, the request for an acceptable specimen is continued and made FINAL. 

 

Specimen Unacceptable

Applicant must submit a specimen showing use of the mark for the goods and/or services specified in the amendment to allege use, because the specimen currently of record does not show use of the mark for any goods and/or services identified in the amendment to allege use.  37 C.F.R. §§2.56 and 2.76(b)(2); TMEP §1104.09(e).  Applicant must also submit a statement that “the substitute specimen was in use in commerce prior to the filing of the amendment to allege use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.59(b)(1); TMEP §§904.09 and 1104.09(e).

 

The current specimen of record comprises packaging and hang tags which do not show the proposed mark at all on the goods.   In addition, if the applicant does submit a photograph of the goods in the future, it must be noted that the hang tags could not be read by the examiner in the photos submitted.  Thus, the applicant must submit a specimen that shows the mark used with the goods, and one that can be read by the naked eye.

 

Response Guidelines

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final action by: 

 

(1)   submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or

(2)   filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

/ Hellen M. Bryan-Johnson /

Trademark Examining Attorney

Law Office 114

(703) 308-9114 ext 457

fax (703) 746-8114

 

 

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 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.