UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number   76/545647      

 

NOTICE OF SUSPENSION

 

Action on this application is suspended pending the disposition of:

 

                        - Application Serial No(s). 78317776 and 78317782

 

Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application.  See 37 C.F.R. §2.83.  A copy of information relevant to this pending application(s) was sent previously.  The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension.  The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.

 

Recitation of Services

 

The following items in the recitation of services remain indefinite:  “providing databases in the field of staffing” in Class 35 and “price quotations” in Class 36.

 

The applicant may adopt “providing databases in the field of staff hiring” in Class 35 and “STOCK price quotations” in Class 36.

 

Specimen of Use Required – CLASS 44

 

The applicant added Class 44 to the application and asserted a basis under Section 1(a) for that class.  An application based on use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. Section 1051(a), must include a specimen showing use of the mark in commerce on or in connection with the goods/services.  The application does not contain a specimen for Class 44 (the specimens filed with the original application do not show use of the mark in connection with “providing health information on drug testing; providing health care information.”).  The applicant must submit a Class 44 specimen, and must submit the following statement:

 

The specimen was in use in commerce at least as early as the filing date of the application.

 

This statement must be verified with an affidavit or a declaration under 37 C.F.R. Section 2.20.  37 C.F.R. Section 2.71(d)(1).  For the applicant’s convenience, the following is a properly worded declaration under 37 C.F.R. Section 2.20:

 

The specimen was in use in commerce at least as early as the filing date 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 may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

 

_____________________________                          _____________________________

                        (Signature)                                                     (Title)

                                                                  

_____________________________

                        (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.

 

NEW PHONE NUMBER AS OF OCTOBER 12, 2004

 

To reach the undersigned attorney by telephone after October 12, 2004, please call (571) 272 - 9263.  Thank you.

 

/Gwen P. Stokols/

Trademark Examining Attorney

Law Office 102

 

Telephone:  703-308-9102, x. 275

Fax:  703-746-8102