To: | King Koil Licensing Company, Inc. (ccarrillo@ngelaw.com) |
Subject: | TRADEMARK APPLICATION NO. 76509944 - COMFORT SENSATIONS - 42405.86T1 |
Sent: | 4/7/04 6:08:58 PM |
Sent As: | ECom103 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/509944
APPLICANT: King Koil Licensing Company, Inc.
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CORRESPONDENT ADDRESS: Michael A. Carrillo Neal, Gerber & Eisenberg LLP Suite 2200 2 North LaSalle Street Chicago IL 60602 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: COMFORT SENSATIONS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 42405.86T1
CORRESPONDENT EMAIL ADDRESS: ccarrillo@ngelaw.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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Serial Number 76/509944
The Office has reassigned this application to the undersigned trademark examining attorney. This letter responds to the applicant's communication filed on March 18th, 2004.
Specimen
Applicant must submit (1) a substitute specimen showing the mark as it is used in commerce on the goods or on packaging for the goods, and (2) a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.56, 2.59(b)(2) and 2.88(b)(2); TMEP §§904.09 and 1109.09(b).
The current specimen of record comprises what appears to be advertising for the applicant’s goods and is unacceptable as evidence of actual trademark use because advertising is unacceptable for goods. Examples of acceptable specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §§904.04 et seq.
Declaration
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)
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(Print or Type Name and Position)
_____________________________
(Date)
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Gina M. Fink/
Trademark Attorney - Law Office 103
Phone: (703) 308-9103 ext. 232
Law Office 103 Fax: (703) 746-8103
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 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.