UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/531472
APPLICANT: Spontex, Inc.
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CORRESPONDENT ADDRESS: RICHARD M. LABARGE MARSHALL GERSTEIN BORUN LLP 233 SOUTH WACKER DRIVE 6300 SEARS TOWER CHICAGO, ILLINOIS 60606-6357 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: COLOR BRITE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 29276/61650
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 76/531472
This letter responds to the applicant’s communication filed on 4-22-04. Applicant’s Section 1(a) basis, signed declaration and specimen are acceptable.
The application sets forth dates of first use of the mark, March 8, 2004, which are after the filing date of the application, 7/22/2003. For an application filed on the basis of use in commerce, an applicant must use the mark in commerce at least as early as the filing date. Trademark Act Section 1(a)(2), 15 U.S.C. §1051(a)(2); 37 C.F.R. §2.34(a)(1); TMEP §§806.01(a) and 901.
If the applicant used the mark in commerce on or before the filing date, the applicant may amend the dates of use. The applicant must verify any amendment of the dates of use with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §903.05.
If the applicant did not use the mark in commerce on or before the filing date, the applicant may substitute a different basis for filing if the applicant can meet the requirements for the new basis. In this case, the applicant may wish to amend the application to assert a 1(b) basis.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/AMY GEARIN/
Trademark Attorney
L0 115
United States Patent and Trademark Office
703/308-9115 x294
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.