UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/497121
APPLICANT: PENNSYLVANIA HIGHER EDUCATION ASSISTANCE ETC.
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CORRESPONDENT ADDRESS: MARY HOWARD POWELL, POWELL & POWELL, P.C. 300 N. SECOND STREET, SUITE 908 HARRISBURG, PENNSYLVANIA 17101
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: MENTOR
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CORRESPONDENT’S REFERENCE/DOCKET NO: T200114-P18
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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The assigned examining attorney has reviewed the referenced application and determined the following.
Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), the examining attorney encloses information regarding pending Application Serial No. 75-504819. 37 C.F.R. §2.83.
There may be a likelihood of confusion between the applicant’s mark and the mark in the above noted application under Section 2(d) of the Act. The filing date of the referenced application precede the applicant’s filing date. If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).
If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to the issue. The election to respond or not to respond at this time in no way limits the applicant's right to address this issue at a later point.
Upon receipt of the applicant's response as to the procedural issues set out below, action on this application will be suspended pending the disposition of prior pending application cited above.
The drawing displays the mark as MENTOR. However, this differs from the display of the mark on the specimen, where it appears as DELAWAREMENTOR. The applicant cannot amend the drawing to conform to the display on the specimen because the character of the mark would be materially altered. 37 C.F.R. §2.72(a); TMEP §§807.14, 807.14(a) and 807.14(a)(i).
Therefore, the applicant must submit a substitute specimen that shows use of the mark as it appears on the drawing. 37 C.F.R. §2.51; TMEP §807.14. Examples of acceptable specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services. TMEP §§1301.04 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. 37 C.F.R. §2.59(a); TMEP §904.09.
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)
Fee Increase
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
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.
Jeffrey S. DeFord
/Jeffrey S. DeFord/
Examining Attorney
United States Patent & Trademark Office
Law Office 115
(703) 308-9115 x 197
ecom115@uspto.gov