UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY ACTION

 

OFFICE SEARCH:  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. Section 1052(d).  TMEP Section 704.02.

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.   THIS CASE WILL BE GIVEN PRIORITY AS AN AMENDED CASE IF YOU RESPOND TO THE REQUIREMENTS STATED BELOW WITHIN TWO MONTHS. 

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

 

Serial Number 76/494111

 

EXAMINER'S AMENDMENT

 

In accordance with the authorization granted by Stephen C. Beuerle on August 28, 2003, the application has been AMENDED as indicated below.  If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP Section 1402.07(e).  Please advise the undersigned if there is an objection to the amendment.

 

Recitation of Services

 

The recitation of services is amended to read as follows:

 

Exercise services, namely, personal trainer services, physical fitness consultation, physical fitness instruction, physical fitness training, exercise training services, in International Class 041.

 

Disclaimer

 

No claim is made to the exclusive right to use "COMPLETE" or "LIBRARY" apart from the mark as shown.

PRIORITY ACTION

 

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

Dates of Use Interpreted as After Date of Filing

 

The applicant has specified March 2003 as the dates of first use of the mark.  The Office interprets this as the last day of March.  TMEP §903.07.  However, that date is after March 03, 2003, the date on which the application was filed.  For an application filed on the basis of use in commerce, an applicant must use the mark in commerce at least as early as the filing date.  Trademark Act Section 1(a)(2), 15 U.S.C. §1051(a)(2); 37 C.F.R. §2.34(a)(1); TMEP §§806.01(a) and 901.

 

If the applicant used the mark in commerce on or before the filing date of the application, the applicant may amend the application to specify dates of use which are not later than the filing date.  The applicant must verify any amendment of the dates of use with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §903.05.

 

If the applicant did not use the mark in commerce on or before the filing date, the applicant may substitute a different basis for filing 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 bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b) (TMEP §806.01(b)).

 

Response to Office Action

 

No set form is required for response to this Office action.  The applicant must respond to each point raised and should simply set forth the required changes or statements and request that the Office enters them.  The applicant must sign the response.  If the applicant has any questions regarding this Office action, please telephone the assigned examining attorney. 

 

 

/Richard S. Donnell/

Trademark Examining Attorney

Law Office 106

Tel: 703-308-9106 x166

Fax: 703-746-8106

Email: ecom106@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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm