UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/543397
APPLICANT: Kingman International Corporation
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CORRESPONDENT ADDRESS: BLAKELY SOKOLOFF TAYLOR & ZAFMAN |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: PRIMAL
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CORRESPONDENT’S REFERENCE/DOCKET NO: 003858.T044
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 76/543397
This letter responds to the applicant’s communication filed on August 3, 2005.
The mark as depicted on the drawing disagrees with the mark as it appears on the specimen, and clarification is required. 37 C.F.R. §2.51; TMEP §§807.12-12(a). Applicant must submit a substitute specimen that shows use of the mark as it appears on the drawing and include a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed to applicant for filing a statement of use,” verified with an affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §§807.14 et seq. and 904.09.
In the present case, the drawing displays the mark as PRIMAL, and the specimen shows the mark as RAVEN PRIMAL. Applicant may not amend the drawing to conform to the display on the specimen because the essence or character of the mark would be materially altered, i.e., the mark on the specimen creates a different commercial impression from the mark on the drawing. 37 C.F.R. §2.72(b); TMEP §§807.14 et seq. In addition, applicant may not withdraw the statement of use. 37 CFR §2.88(g); TMEP §1109.17.
The following is a sample declaration under 37 C.F.R. §2.20 with a supporting statement for a substitute specimen:
The undersigned being warned that willful false statements and the like 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 registration resulting there from, declares that the substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
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(Signature)
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(Print or Type Name and Position)
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(Date)
/LESLEY LAMOTHE/
Trademark Attorney
Law Office 103
571-272-9184
e-mail - lesley.lamothe@uspto.gov
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.