UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/462566
APPLICANT: BASF Aktiengesellschaft
|
|
|
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
|
|
MARK: XFAST
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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.
|
Serial Number 76/462566 – XFAST
The assigned examining attorney has reviewed the statement of use filed on August 19, 2004, and has determined the following.
Identical Specimens Submitted for Both Classes of Goods – Clarification Required
The applicant has submitted three identical specimens to show use of the mark for the goods identified in International Classes 1 and 2 (in the form of labels). The applicant must indicate whether this particular label is actually used in commerce on the goods in both classes or on the goods in only one of the classes.
If the label shows use of the mark for only one class of goods, the applicant must indicate which class and submit a specimen which shows use of the mark on the goods in the other class. If the applicant must submit a specimen showing use of the mark for one of the classes of goods, the applicant must also submit a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.56, 2.59(b)(2) and 2.88(b)(2); TMEP §§904.09 and 1109.09(b).
Telephone For Assistance
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Notice: Trademark Operation Relocating October & November 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
/Alicia P. Collins/
Trademark Examining Attorney
Law Office 115
(571) 272-9147
(571) 273-9147 (fax)
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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.