UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/504775
APPLICANT: CAPPELLA, CARMEN J.
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CORRESPONDENT ADDRESS:
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Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ACAPPELLA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
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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PRIORITY ACTION
RESPONSE TIME LIMIT: To avoid abandonment, the Office must receive a proper response to this Office action within six-months of the mailing or e-mailing date. If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling. TMEP §708.01.
QUESTIONS: Please contact the assigned trademark examining attorney with any questions.
Serial Number 76/504775
The following were discussed in communication with Carmen J. Cappella on August 1, 2005. Applicant must respond to each refusal and/or requirement raised below.
Applicant must submit a substitute specimen showing use of the mark for the goods specified in the application, because the specimen currently of record does not show use of the mark for any goods identified in the application. 37 C.F.R. §2.56; TMEP §§904 and 904.01 et seq.. Applicant must also submit a statement that “the substitute specimen was in use in commerce at least as early as the filing date of the application,” verified with an affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(a); TMEP §904.09.
The current specimen of record comprises a photograph which shows the proposed mark appearing on a drumstick. It does not show use for applicant’s goods because applicant’s goods are guitar picks.
Applicant must submit a statement that “the substitute specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(a); TMEP §904.09.
Applicant should add the following declaration paragraph to the end of its response, and include a dated signature by a person authorized under 37 C.F.R. §2.33(a). 37 C.F.R. §2.20.
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 and the like may jeopardize the validity of the application or document 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.
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Trademark Examining Attorney
Law Office 015
(571) 272-9141
(571) 273-9105 (fax)
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm