UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/537409
APPLICANT: TLSI Incorporated
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: TLSI SILICON DRIVEN
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/537409
This letter responds to the applicant’s communication filed on August 11, 2004.
The refusal under Section 2(d) is withdrawn. The amendment to the identification of goods and services, substitute drawing, and disclaimer of the term “silicon” are acceptable. The applicant’s clarification as to the significance of a portion of the mark is noted.
The applicant was advised that its specimen of use for International Class 009 was unacceptable, and that it must submit a specimen showing the mark as it is used in commerce. 37 C.F.R. §2.56. Further, the applicant was advised that if a substitute specimen was submitted that it must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application. 37 C.F.R. §2.59(a); TMEP §904.09.
The applicant’s substitute specimen is acceptable, but applicant’s declaration in support of the specimen is unsigned. The applicant must provide a signed declaration or affidavit attesting to the use of the specimen in commerce.
The refusal under Trademark Act Sections 1, 2, 3 and 45, 15 U.S.C. §§1051, 1052, 1053 and 1127, because the record does not show use of the proposed mark as a service mark, is maintained and made FINAL.
THIS REFUSAL APPLIES TO CLASS 009 ONLY.
If applicant should fail to respond to this Final Office action within the six month time limit, then Class 009 will be deleted from the application and the application will proceed forward for Class 042 only. 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)); and/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).
The USPTO Trademark Operations will be moving to the new Alexandria, Virginia campus in October and November 2004. During that time, you are strongly encouraged to communicate with the USPTO through the Trademark Electronic Application System (TEAS) which can be found at www.uspto.gov.
Effective October 4, 2004, all Trademark-related paper mail must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
My Law Office will move on October 27, 2004. To reach me by phone after that date call (571) 272-9177.
/Michael P. Keating/
Trademark Attorney
Law Office 113
(703) 308-9113 x232
(703) 746-8113 (fax)
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.