To: | Pandora Sportswear (Norcomp@aol.com) |
Subject: | TRADEMARK APPLICATION NO. 76506098 - PANDORA - N/A |
Sent: | 9/22/03 6:34:10 PM |
Sent As: | ECom115 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/506098
APPLICANT: Pandora Sportswear
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CORRESPONDENT ADDRESS: PANDORA SPORTSWEAR 1983 MARCUS AVE STE 10 NEW HYDE PARK NY 11042-1016
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RETURN ADDRESS: Commissioner for Trademarks2900 Crystal DriveArlington, VA 22202-3514ecom115@uspto.gov
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MARK: PANDORA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: Norcomp@aol.com |
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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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 76/506098
In accordance with the authorization granted by Norman Hinerfeld on September 22, 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.
The section 2(f) claim is hereby deleted.
The applicant is the owner of U.S. Registration No. 0872197 only.
The identification of goods is amended to read as follows: Men’s, women’s and children’s sportswear, namely, sweaters, swimwear, pants, shorts, shirts, blouses, skirts, jumpers, blazers, jackets, culottes, dresses, cotton knit tops, shifts, swimsuits, and swim suit cover-ups.
The applicant hereby deletes the section 1(b) intent to use filing basis, and elects to proceed solely as a section 1(a) use based application.
This case will be given priority as an amended case if you respond to the requirements stated below within two months.
An application based on use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), must include a specimen showing use of the mark in commerce on or in connection with the goods/services. TMEP §904. The application does not contain a specimen. Acceptable specimens include hang tags and labels. The applicant must submit a specimen, and must submit the following statement:
The specimen was in use in commerce at least as early as the filing date of the application.
This statement must be verified with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(a); TMEP §904.09.
The statement supporting use of the substitute specimen must read as follows:
The substitute specimen was in use in commerce at least as early as the filing date of the application. 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)
Please feel free to contact the undersigned attorney if you wish to discuss this application.
/John S. Yard/
Trademark Examining Attorney
Law Office 115
(703) 308-9115 x209
ecom115@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 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