UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/455889
APPLICANT: Wolf Designs, Inc.
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CORRESPONDENT ADDRESS: DONALD M. CISLO, ESQ. CISLO & THOMAS LLP 233 WILSHIRE BOULEVARD, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1211
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: WOLF DESIGNS...THE ORIGINAL JEWELRY BOX. ETC.
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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 76/455889
The assigned examining attorney has reviewed the statement of use filed on April 23, 2004 and has determined the following.
The application does not include the statement that the mark is in use in commerce. The applicant must submit the following statement:
The mark is in use in commerce and was in use in commerce on or in connection with the goods or services listed in the application on the date of the filing of the Statement of Use.
Trademark Act Section 1(a)(3)(C), 15 U.S.C. §1051(a)(3)(C); 37 C.F.R. §2.34(a)(1)(i). This statement must be verified with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.34(a)(1)(i); TMEP §§804.02, 806.01(a) and 901.
Applicant’s statement indicates that Applicant “has used the mark in commerce.” Applicant must allege that the mark is in use in commerce.
The following is a properly worded declaration under 37 C.F.R. §2.20. At the end of the response, the applicant should insert the declaration signed by a person authorized to sign under 37 C.F.R. §2.33(a).
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
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(Signature)
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(Print or Type Name and Position)
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(Date)
/Kathleen M. Vanston/
Examining Attorney
Law Office 103
(703) 308-9103 ex 188
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.