UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/467613
APPLICANT: DEVON ENERGY CORPORATION
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CORRESPONDENT ADDRESS: ANTHONY L. RAHHAL MCAFFEE-TAFT TENTH FLOOR TWO LEADERSHIP SQUARE 211 N ROBINSON OKLAHOMA CITY OK 73102-7103 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom115@uspto.gov
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MARK: DEVON
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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 76/467613 – DEVON
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH OF OFFICE RECORDS
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. §1052(d). TMEP §704.02.
CLASSIFICATION OF SERVICES
The applicant has classified the services incorrectly. The applicant must amend the application to classify the services in International Class 39. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).
RECITATION OF SERVICES
The recitation of services is unacceptable as indefinite. TMEP §1402.11. The applicant must amend the recitation to clarify the exact nature of the services. The applicant may adopt the following recitation, if accurate:
Transportation by pipeline of oil and gas, in International Class 39.
Please note that, while an application may be amended to clarify or limit the recitation, additions to the recitation are not permitted. 37 C.F.R. Section 2.71(a); TMEP section 1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present recitation.
A specimen is unacceptable if it does not show use of the service mark in relation to the identified service. Intermed Communications, Inc. v. Chaney, 197 USPQ 501 (TTAB 1977). The specimen must show use of the mark "in the sale or advertising of services." Trademark Act Section 45, 15 U.S.C. Section 1127; In re Universal Oil Products Co., 476 F.2d 653, 177 USPQ 456 (CCPA 1973); TMEP section 1301.02. Therefore, the specimen must show the mark in reference to the particular services identified. In this case, the specimens are unacceptable because they do not show use of the mark in the sale or advertising of transportation of oil and gas.
The applicant must submit a specimen showing the mark as it is used in commerce. 37 C.F.R Section 2.56. Examples of acceptable specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services. TMEP section 1301.04. The applicant must verify, with an affidavit or a declaration under 37 C.F.R. Section 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. Section 2.59(a); TMEP section 905.10.
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.
______________________________
(Signature)
_______________________________
(Print or Type Name and Position)
________________________________
(Date)
If the applicant cannot comply with the requirement for an acceptable specimen for the Section 1(a) basis asserted, the applicant may substitute a different basis for filing for this class of services if the applicant can meet the requirements for the new basis.
In this case, the applicant may wish to amend the application to assert a Section 1(b) basis. To do so, the applicant must submit the following statement:
The applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application since the filing date of the application.
Trademark Act Section 1(b), 15 U.S.C. Section 1051(b). This statement must be verified with an affidavit or a declaration under 37 C.F.R. Section 2.20. Trademark Act Section 1(b), 15 U.S.C. Section 1051(b); 37 C.F.R. Section 2.71(d)(1). A properly worded declaration under 37 C.F.R. Section 2.20 has been provided above.
Please note that an applicant may not assert both use of the mark in commerce, under Trademark Act Section 1(a), 15 U.S.C. Section 1051(a), and intent to use the mark in commerce, under Trademark Act Section 1(b), 15 U.S.C. Section 1051(b), for the same goods or services. 37 C.F.R. Section 2.34(b)(1).
The drawing is unacceptable because it contains white stippling which does not appear to be a part of the mark. See attached printout. The applicant must submit a new drawing without stippling.
/Alicia P. Collins/
Trademark Examining Attorney
Law Office 115
(703) 308-9115 ext. 186
(703) 872-9875 (fax)
ecom115@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.