To: | Andy's Frozen Custard, Inc. (pto-kc@huschblackwell.com) |
Subject: | TRADEMARK REGISTRATION NO. 2914966 - JACKHAMMER - 55594.107064 |
Sent: | 05/18/15 01:06:38 PM |
Sent As: | PRG@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION
U.S. REGISTRATION NO. 2914966
REGISTRANT: Andy's Frozen Custard, Inc.
|
|
|
|||
CORRESPONDENT’S ADDRESS: |
|
|
|||
MARK: JACKHAMMER
|
|
||||
CORRESPONDENT’S REFERENCE/DOCKET NO. 55594.107064
CORRESPONDENT’S EMAIL ADDRESS: |
|
||||
CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER:
http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp
ISSUE/MAILING DATE: 5/18/2015
U.S. Registration Number 2914966
The Combined Section 8 Affidavit & Section 9 Renewal Application was received on April 30, 2015. The Section 9 portion of the combined filing can be granted. However, the Section 8 portion is not accepted for the reason(s) set forth below.
The owner of the registration provided a specimen with its Section 8 Affidavit; however, although the specimen is identified as a menu, it is unacceptable to show service mark use because it only shows use of the mark as a menu item and does not reference the restaurant services identified in the registration.
A term that serves only to identify a menu item does not function as a service mark for restaurant services. In re El Torito Restaurant Inc., 9 USPQ2d 2002 (TTAB 1988); TMEP §1301.02(a).
Therefore, the owner must submit the following:
(1) A substitute specimen showing current use of the registered mark in commerce for each class of services specified in the registration; and
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The substitute specimen was in use in commerce during the relevant period for filing the 10-year Section 8.” 37 C.F.R. §2.161(g); TMEP §1604.12(c).
Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq.
The owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 10-year Section 8.
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 statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
__________________________
Signature of Authorized Person
__________________________
Type or Print Name
__________________________
Date
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the issuance date of this Office action. The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration. 37 C.F.R. §2.163(b)-(c); TMEP §§1604.16, 1604.17(b).
DEFICIENCY SURCHARGE: The owner must submit a $100 deficiency surcharge if its response to this Office action is received after the expiration of the grace period, i.e., after June 28, 2015. 37 C.F.R. §§2.6, 2.164(a)(2); TMEP §1604.17(b).
USPTO
/Burnie Gillis/
Burnie Gillis
Trademark Specialist
Post Registration
Tel #571-272-9526
Fax #571-273-9526
Burnie.Gillis@USPTO.GOV
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration. For technical assistance with online forms, e-mail TEAS@uspto.gov.
WHO MUST SIGN THE RESPONSE: It must be personally signed by (1) the individual owner; (2) someone with legal authority to bind the owner (e.g., a corporate officer or general partner); or (3) an authorized attorney, if one is appointed to represent the owner. If the owner is represented by an attorney, the attorney must sign the response.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.