| To: | Leifheit International USA, Inc. (serb@hhmlaw.com) |
| Subject: | TRADEMARK APPLICATION NO. 76538601 - AIRBOARD - N/A |
| Sent: | 3/10/04 5:47:57 PM |
| Sent As: | ECom111 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/538601
APPLICANT: Leifheit International USA, Inc.
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CORRESPONDENT ADDRESS: SHAWNA L. ERB HARRINGTON, HOPPE & MITCHELL, LTD. 118 W. LINCOLN WAY LISBON OH 44432
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: AIRBOARD
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: serb@hhmlaw.com |
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 76/538601 MARK: AIRBOARD
The assigned examining attorney has reviewed the referenced application and determined the following.
NO CONFLICTING REGISTERED MARK NOTED
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
SPECIMENS (GOODS)
The specimen is unacceptable as evidence of actual trademark use because it appears to be advertisement. The applicant must submit a specimen showing the mark as used in commerce. 37 C.F.R. §2.56. Examples of acceptable specimens are tags, labels, instruction manuals, containers or photographs that show the mark on the goods or packaging. TMEP §904.04 et seq. 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 at least as early as the filing date of the application. Jim Dandy Co. v. Siler City Mills, Inc., 209 USPQ 764 (TTAB 1981); 37 C.F.R. §2.59(a); TMEP §904.09.
The applicant must indicate whether the wording has any significance in the relevant trade or industry, any geographical significance or any meaning in a foreign language.
APPLICATION FEE INCREASE - ADVISORY ONLY
Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date. 37 C.F.R. §2.6(a)(1).
Georgia Ann Carty Ellis
/Georgia Ann Carty Ellis/
Trademark Attorney
Law Office 111
(703) 308-9111, Ext. 150
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 SPECIFIC INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.