UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/461900
APPLICANT: National Wholesale Co., Inc.
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CORRESPONDENT ADDRESS: BRIAN D. ANDERSON OBLON SPIVAK MCCLELLAND MAIER 4TH FLOOR, 1755 JEFF DAVIS HWY ARLINGTON VA22202
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: NATIONAL
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CORRESPONDENT’S REFERENCE/DOCKET NO: 229869US13
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 76/461900
The assigned examining attorney has reviewed the referenced application and determined the following:
The examining attorney has searched the Trademark Office records and has found no similar registered or pending mark which would bar registration under Trademark Act §2(d), 15 U.S.C. §1052(d). TMEP §704.02.
UNSIGNED APPLICATION
The application must be signed, and verified or supported by a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.33. No signed verification or declaration was provided. Therefore, the applicant must provide a signed verification or signed declaration attesting to the facts set forth in the application, and attesting that 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 as of the application filing date. 37 C.F.R. §2.34(a)(1)(i); TMEP §§804.02, 806.01(a) and 901.
The following declaration is provided for the applicant’s convenience:
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 he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, that 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 as of the application filing date; that to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
The application does not set forth the dates of first use of the mark. The applicant must provide a statement specifying the date of first use of the mark and the date of first use of the mark in commerce. Trademark Act §1(a)(2), 15 U.S.C. §1051(a)(2); 37 C.F.R. §2.34(a)(1)(ii) and (iii).
The applicant must verify this statement with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §903.
The applicant must disclaim the geographically descriptive design apart from the mark as shown. Trademark Act §6, 15 U.S.C. §1056; TMEP §§1213, 1213.03(a) and 1213.03(c). The design is primarily geographically descriptive because it is the outline of the United States.
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP §1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use the outline of the United States,
apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
/Sue Carruthers/
Examining Attorney, Law Office 108
Phone: 703.671.9735 ext. 169
Fax: 703.746.8108 (formal responses only)
E-mail: ecom108@uspto.gov (formal responses only)
sue.carruthers@uspto.gov (informal communications)
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.