UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/548526
APPLICANT: Exagrid Systems, Inc.
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CORRESPONDENT ADDRESS: A. JASON MIRABITO MINTZ LEVIN COHN FERRIS GLOVSKY & POPEO 1 FINANCIAL CTR FL 39 BOSTON MA 02111-2657
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: GRIDFILER
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CORRESPONDENT’S REFERENCE/DOCKET NO: 25452-019
CORRESPONDENT EMAIL ADDRESS:
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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 76/548526 GRIDFILER
The assigned trademark examining attorney has reviewed the referenced application filed on October 2, 2003, and has determined the following.
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Signed and Dated Declaration Required
The application must be signed, dated, and verified or supported by a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.33. No signed and dated verification or declaration was provided. Therefore, the applicant must provide a signed and dated verification or signed and dated declaration attesting to the facts set forth in the application.
If the application is based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the verified statement must include an allegation that the mark is in use in commerce and was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. §2.34(a)(1)(i); TMEP §§804.02, 806.01(a) and 901.
If the application is based on Trademark Act Section 1(b) or 44, 15 U.S.C. §1051(b) or 1126, the verified statement must include an allegation that the applicant had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. §§2.34(a)(2)(i), 2.34(a)(3)(i) and 2.34(a)(4)(ii); TMEP §§804.02, 806.01(b), 806.01(c), 806.01(d) and 1101. See attached document.
Inquiry of Significance
The applicant must indicate whether the wording "GRIDFILER" has any significance in the relevant trade or industry or as applied to the goods. 37 C.F.R. Section 2.61(b).
Response Guidelines
Please note: If the applicant submits a response electronically, an electronic signature is required. An applicant, registrant or attorney may sign an electronic communication by entering a “symbol” that he or she has adopted as a signature between two slashes. In addition, the Office will accept an electronic communication containing the “/s/” (“/(signature)/”) notation in lieu of a signature. A scanned image of a document signed in ink is also acceptable, as long as the image is attached in .jpg or .gif format. TMEP Section 304.08.
/daniellemattessich/
Danielle I. Mattessich
Trademark Attorney, Law Office 106
Tel: (703) 308-9106 Ext. 261
Fax: (703) 746-8106
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.
DECLARATION
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, that the applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the application filing date;; that 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.
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(Signature)
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