To: | URD, INC. (ktillery@leonardtillery.com) |
Subject: | TRADEMARK APPLICATION NO. 76539965 - UR - 000787-02 |
Sent: | 7/27/04 8:09:11 PM |
Sent As: | ECom114 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/539965
APPLICANT: URD, INC.
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*76539965* |
CORRESPONDENT ADDRESS: M. KELLY TILLERY LEONARD, TILLERY & SCIOLLA, LLP 1515 MARKET STREET, SUITE 1800 PHILADELPHIA PA 19102
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: UR
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CORRESPONDENT’S REFERENCE/DOCKET NO: 000787-02
CORRESPONDENT EMAIL ADDRESS: ktillery@leonardtillery.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 76/539965
This letter responds to the applicant’s communication filed on May 27, 2004.
The response to the meaning or significance inquiry is accepted.
The applicant submitted a substitute drawing in color. Applicant must specify the colors that are claimed as a feature of the mark using the following format: “The color(s) blue, white and black are claimed as a feature of the mark.” 37 C.F.R. §2.52(b)(1). Common color names should be used to describe the colors in the mark, e.g., red, yellow, blue. Exam Guide 01-03, section I.B.1.
The middle of the letters also appear to be the color white. If accurate, please amend the description statement to indicate the location of the color white. Exam Guide 01-03, section I.B.1.
As it appears that color is a feature of the mark, the applicant must submit a specimen of use showing the color claimed. TMEP section 904.02(a). Applicant must submit (1) a substitute specimen showing the mark as it is used in commerce in the sale or advertising of the services, and (2) a statement that “the substitute specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.56 and 2.59(a); TMEP §904.09.
Examples of acceptable specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services. TMEP §§1301.04 et seq.
The following is a properly worded declaration under 37 C.F.R. §2.20. At the end of the response, the applicant should insert the declaration signed by a person authorized to sign under 37 C.F.R. §2.33(a).
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 may jeopardize the validity of the application 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)
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.
/Mary Boagni/
Examining Attorney, Law Office 114
Telephone: (703) 308-9114 ext. 207
Law Office 114 Fax: (703) 746-8114
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.