UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/451968
APPLICANT: Meijer, Inc.
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CORRESPONDENT ADDRESS: AMY B. THOMAS-MELLEMA MEIJER INC 2929 WALKER AVE NW GRAND RAPIDS MI 49544-9428
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom111@uspto.gov
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MARK: E4
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CORRESPONDENT’S REFERENCE/DOCKET NO: ISLN: 912514
CORRESPONDENT EMAIL ADDRESS: thomasam@meijer.com |
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 76/451968
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.
The drawing displays the mark as E4. However, this differs from the display of the mark on the specimen, where it appears as E with a superscript 4 indicating to the fourth power. 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.
37 C.F.R. §2.51; TMEP §§807.14 and 807.14(a)(i). The applicant may not amend the drawing if the amendment would materially alter the character of the mark. 37 C.F.R. §2.72(a); TMEP §807.14(a).
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 at least as early as the filing date of the application. 37 C.F.R. §§2.59(a) and 2.72(a); TMEP §904.09.
If the applicant has any questions or needs assistance in responding to this office action, please contact the examining attorney.
/Dawn Feldman Lehker/
Trademark Attorney
United States Patent and Trademark Office
(703) 308-9111 ext. 132
F(703)746-8111
ecom111@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.