UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/536622
APPLICANT: TRUST CO., LTD.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: GREDDY
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CORRESPONDENT’S REFERENCE/DOCKET NO: HID-0022
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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Serial Number 76/536622
This letter responds to applicant’s communication filed on October 8, 2004.
Resolved Issues:
Unresolved Issues:
THE FOLLOWING REFUSAL AND REQUIREMENT APPLY ONLY TO THE GOODS IN INTERNATIONAL CLASS 16.
In response to the refusal under Sections 1, 2 and 45 in connection with the goods in International Class 16, applicant submitted a substitute specimen of use, which is acceptable. However, applicant did not provide the required statement to support the substitute specimen of use, which must be supported by an affidavit or declaration under 37 C.F.R. § 2.20. Therefore, the refusal under Sections 1, 2 and 45 is MAINTAINED and made FINAL, in connection with the goods in International Class 16.
In addition, the requirement that the applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce prior to the filing of the application is also MAINTAINED and made FINAL. 37 C.F.R. §2.59(a); TMEP § 904.09. For the applicant’s convenience, applicant may submit the following:
The substitute specimen was in use in commerce at least as early as the filing 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 and the like may jeopardize the validity of the application or document 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)
Applicant must amend the following wording, which is not considered to be all-inclusive or “definite”, namely, “coil or leaf springs” should be changed to “coil and leaf springs”. Applicant should also correct the spelling of “therefore” to “therefor”. All other wording in International Class 12 is ACCEPTABLE.
Please note that applicant may amend the identification to list only those services that are within the scope of the services set forth in the application. 37 C.F.R. §2.71(a); TMEP §§1402.01 and 1402.03(a).
If applicant does not respond within six months of the mailing date of this final action, then the following goods and/or services to which the final refusal(s) and/or requirement(s) apply will be deleted from the application: calendars, pens, stickers, and writing pads; and coil or leaf springs. The application will proceed forward for the remaining goods and/or services. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).
Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
My Law Office will move on October 27, 2004. To reach me by phone after that date call (703) 285-1184 or (571) 272-9240.
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9113.
If the applicant has any questions concerning this Office action, please telephone the assigned examining attorney.
/ELIZABETH J. WINTER/
Trademark Examining Attorney
Law Office 113
(703) 285-1184; (703) 308-9113, ext. 480
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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.