UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/523411
APPLICANT: SCA PACKAGING NORTH AMERICA, INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: STRONG ARM
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CORRESPONDENT’S REFERENCE/DOCKET NO: 03-325-US
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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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 76/523411
The assigned examining attorney has reviewed the Statement of Use filed on July 18, 2006 and has determined the following:
Applicant must submit one complete specimen or facsimile showing the mark as it is used in commerce so that the registrability of the mark can be assessed. The current specimen of record is unacceptable because it is a cutout from more comprehensive matter; i.e., the specimen appears to comprise a portion of the applicant’s goods containing the mark and is unacceptable because it is not clear from the small portion of the goods whether the specimen of record shows the mark on the goods identified in the application. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §904.04.
If applicant submits the complete version of the same specimen originally filed, then no additional verification need be submitted. However, if the complete specimen or facsimile is of a different type than that originally submitted, then the new specimen constitutes a substitute specimen. In that case, applicant must also submit 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 an affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(b)(2); TMEP §§904.09 and 1109.09(b).
The following is a properly worded declaration under 37 C.F.R. Section 2.20. At the end of the response, the applicant should insert the declaration signed by someone authorized to sign under 37 C.F.R. Section 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 he/she is properly authorized to execute this Statement of Use on behalf of the applicant; he/she believes the applicant to be the owner of the mark sought to be registered; the substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use; and 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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Date Signature
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Name and Position
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Kelly Boulton/
Trademark Attorney
Law Office 102
(571)272-9247
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
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.