UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/479352
APPLICANT: Valeo Electrical Systems, Inc.
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CORRESPONDENT ADDRESS: DAVID R. HAARZ DICKINSON WRIGHT PLLC 1901 "L" STREET, N.W., SUITE 800 WASHINGTON, D.C. 20036-3541
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: SMARTWASH
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: www.dhaarz@dickinson-wright.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 76/479352
This letter responds to the applicant’s communication filed on July 30, 2003. In that correspondence, the applicant provided an amended identification of goods. The amendment to the identification of goods is acceptable. Upon further review of the application, the examining attorney has determined that the specimens provided are unacceptable.
The specimen is unacceptable as evidence of actual trademark use because they appear to be advertisements for the subject goods. Moreover, the specimens do not show use of the mark on the specified goods The applicant must submit a specimen showing the mark as used in commerce. 37 C.F.R. §2.56. 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 at least as early as the filing date of the application. Jim Dandy Co. v. Siler City Mills, Inc., 209 USPQ 764 (TTAB 1981); 37 C.F.R. §2.59(a); TMEP §904.09.
The statement supporting use of the substitute specimen must read as follows:
The substitute specimen was in use in commerce at least as early as the filing date of the application.
The applicant must sign this statement either in affidavit form or with a declaration under 37 C.F.R. §2.20; TMEP §904.09.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Matthew C. Kline/
Trademark Examining Attorney
Law Office 114
(703) 308-9114 x 148
e-mail: ecom114@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.