Offc Action Outgoing

ACCUTICK

Worden Brothers, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/451257

APPLICANT: Worden Brothers, Inc.

CORRESPONDENT ADDRESS:

DIANE CHURCHILL

PO BOX 3188

WEST PALM BEACH FL 33402-3188

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3513

ecom108@uspto.gov

MARK: ACCUTICK

CORRESPONDENT’S REFERENCE/DOCKET NO: 6980-32

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.

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 76/451257

The specimen does not show use of the mark for any goods/services identified in the application. The applicant must submit a specimen showing use of the mark for the goods/services specified. 37 C.F.R. §2.56; TMEP §904. 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.

The specimens appear to use the term ACCUTICK in connection with technoilogy, such as a computer filtering program, as opposed to any services identified in the application. If applicant maintains that the term does identify services, further information is required to determine use of the term as a service mark, for the identified services.

The services, as identified , appear to be correctly classified in international class 36, as opposed to class 42, since information services are classified based on the type or field of information provided.

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. §1052(d). TMEP §704.02.

Henry S. Zak

Examining Attorney

Law Office 108

(703)308-9108 x 149

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.