UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/501247
APPLICANT: VANDERWELL, KEN
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CORRESPONDENT ADDRESS: KEN VANDERWELL PO BOX 415 SLAVE LAKE, ALBERTA T0G 2A0
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: BACKWOODS
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CORRESPONDENT’S REFERENCE/DOCKET NO: GR20DA
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 76/501247
The assigned examining attorney has reviewed the referenced application and determined the following:
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.
However, the applicant must respond to the following issues:
The applicant is advised that the Power of Attorney to Mr. Victor Arcuri is void and present and further correspondence will be sent directly to the applicant. Mr. Arcuri is not authorized to practice before the Office. Please note that any response or other document signed by Mr. Arcuri will be void. Since Mr. Arcuri is not authorized to practice before the Office, the instant application is not properly signed. As a result, the applicant must note the following:
The application must be signed, and verified or supported by a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.33. A properly signed verification or declaration was not provided. Therefore, the applicant must provide a signed verification or signed declaration attesting to the facts set forth in the application. Additionally, the applicant must indicate the date the application declaration was signed. TMEP §804.01(b).
If the application is based on Trademark Act Section 1(b) or 44, 15 U.S.C. §1051(b) or 1126, the verified statement must include an allegation that the applicant had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. §§2.34(a)(2)(i), 2.34(a)(3)(i) and 2.34(a)(4)(ii); TMEP §§804.02, 806.01(b), 806.01(c), 806.01(d) and 1101.
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 he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
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(Signature)
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(Print or Type Name)
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(Date)
In the preamble of the application, the applicant identifies itself as Ken Vanderwell trading as Vanderwell Contractors. The applicant must confirm that the designation “trading as” is synonymous with “doing business as.” If the applicant is an individual who is doing business under an assumed name, then the applicant must amend the preamble of the application to read as follows: “Ken Vanderwell d/b/a Vanderwell Contractors.” TMEP §§803.02 and 803.02(a).
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.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael Kazazian/
Trademark Examining Attorney
Law Office 113
(703) 308-9113 ext. 207
ecom113@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.