To: | Fitness Quest, Inc. (kraines@fitnessquest.com) |
Subject: | TRADEMARK APPLICATION NO. 76466206 - GAZELLE FREESTYLE EVOLUTION - N/A |
Sent: | 3/10/04 1:12:52 PM |
Sent As: | ECom106 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/466206
APPLICANT: Fitness Quest, Inc.
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CORRESPONDENT ADDRESS: FITNESS QUEST, INC. 1400 RAFF RD SW CANTON OH 44750-0001
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: GAZELLE FREESTYLE EVOLUTION
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: kraines@fitnessquest.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 76/466206
The assigned examining attorney has reviewed the statement of use filed on February 18, 2004, and has determined the following.
The specimen is unacceptable as evidence of actual trademark use because the full mark is not visible on the specimen. Specifically, while the word “GAZELLE” is clearly visible, the language “FREESTYLE EVOLUTION” is either too small or too blurred to be viewed on the specimen submitted with the statement of use. Accordingly, the applicant must submit a specimen clearly showing the mark as used in commerce. 37 C.F.R. §§2.56 and 2.88(b)(2). Examples of acceptable specimens are tags, labels, instruction manuals, containers or photographs that show the mark on the goods or packaging. TMEP §904.04 et seq.
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 prior to the expiration of the time allowed to the applicant for filing a statement of use. Jim Dandy Co. v. Siler City Mills, Inc., 209 USPQ 764 (TTAB 1981); 37 C.F.R. §2.59(b); TMEP §§904.09 and 1109.09(b). A properly worded declaration is provided for the applicant’s use.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Martha L. Fromm/
Martha L. Fromm
Trademark Attorney
Law Office 106
Phone: (703) 308-9106 ext. 221
Fax: (703) 746-8106 (formal responses)
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.
Declaration in support of substitute specimen:
The substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use.
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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