| To: | WELLS FARGO TRADE CAPITAL SERVICES, INC. (fgtpropat@sbcglobal.net) |
| Subject: | TRADEMARK REGISTRATION NO. 2919532 - ALEXA - 100 |
| Sent: | 05/26/15 05:42:31 PM |
| Sent As: | PRG@uspto.gov |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION
| U.S. REGISTRATION NO. 2919532 REGISTRANT: WELLS FARGO TRADE CAPITAL SERVICES, INC. | |
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| CORRESPONDENT’S ADDRESS: | |
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| MARK: ALEXA | | ||||
| CORRESPONDENT’S REFERENCE/DOCKET NO. 100 CORRESPONDENT’S EMAIL ADDRESS: | | ||||
CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER:
http://www.uspto.gov/trademarks/teas/reg_maintain.jsp
ISSUE/MAILING DATE: 5/26/2015
U.S. Registration Number 2919532
The Combined Section 8 Affidavit & Section 9 Renewal Application was received on March 30, 2015. The Section 9 portion of the combined filing can be granted. However, the Section 8 portion is not accepted for the reason(s) set forth below.
The specimen cannot be accepted because the character of the registered mark appears materially altered on the submitted specimen, and it appears that the registered mark is no longer in use. In re International Nickel Co., Inc., 282 F.2d 952, 127 USPQ 331 (C.C.P.A. 1960); In re Continental Distilling Corp., 254 F.2d 139, 117 USPQ 300 (C.C.P.A. 1958); Ex parte Richards, 153 USPQ 853 (Comm’r Pats. 1967); see TMEP §§807.14 et seq., 1604.13, 1609.02(a).
Therefore, the owner must submit the following:
(1) A substitute specimen showing current use of the registered mark in commerce for each class of goods and/or services specified in the registration; and
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The substitute specimen was in use in commerce during the relevant period for filing the 10-year Section 8.” 37 C.F.R. §2.161(g); TMEP §1604.12(c).
Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq.
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the issuance date of this Office action. The owner must respond to all inquiries set forth in this Office action to avoid cancellation and/or expiration of the registration. 37 C.F.R. §§2.163(b)-(c) and 2.185(a)(2); TMEP §§1604.16, 1604.17(b), and 1606.13(b).
DEFICIENCY SURCHARGE: The owner must submit a $100 deficiency surcharge if its response to this Office action is received after the expiration of the grace period, i.e., after July 18, 2015. 37 C.F.R. §§2.6, 2.164(a)(2) and 2.185(a)(2).
/stakhar/
Surinder Takhar
Trademark Specialist
Post Registration Unit
Phone - (571) 272-9512
Fax - (571) 273-9512
Surinder.Takhar@Uspto.gov
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.uspto.gov/trademarks/teas/reg_maintain.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration. For technical assistance with online forms, e-mail TEAS@uspto.gov.
WHO MUST SIGN THE RESPONSE: It must be personally signed by (1) the individual owner; (2) someone with legal authority to bind the owner (e.g., a corporate officer or general partner); or (3) an authorized attorney, if one is appointed to represent the owner. If the owner is represented by an attorney, the attorney must sign the response.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.