UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/549595
APPLICANT: LEE, Seunghwan
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CORRESPONDENT ADDRESS: EUGENE OAK 610 S. VAN NESS AVE LOS ANGELES CA 90005
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: MOOTO
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CORRESPONDENT’S REFERENCE/DOCKET NO: 933-2241
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 76/549595
The specimens are unacceptable as evidence of actual trademark use because they do not show the mark in use for applicant’s goods. 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 recitation of goods contains indefinite wording and goods that fall into more than one class. Footwear is in Class 25 and is an acceptable recitation of goods, the sports wear must be renamed by using the common specific names of the goods, and the head gear must be renamed by specifying the type and use of the goods. It is called to applicant’s attention that karate headgear is in Class 28.
The application identifies goods that may be classified in several international classes. Therefore, the applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01.
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).
If the applicant adds any classes, the applicant must submit a specimen showing use of the mark in each new class. 37 C.F.R. §2.86(a)(3); TMEP §§904.01(b) and 1403.01. The applicant must verify that the new specimen was in use in commerce on or before the application filing date with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(a). If, however, the new specimen is of the same type as those already of record, the applicant need not verify the date of use.
The applicant must amend the application to include dates of first use and use in commerce for each class. 37 C.F.R. §2.86(a); TMEP §1403.01. If the dates differ from those already of record, the applicant must verify the amendment with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c).
The applicant must list the goods by international class number in ascending numerical order. TMEP §§801.01(b) and 1403.01.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.
Applicant claimed ownership of subsisting trademark registrations but failed to indicate the registration numbers of the registrations. Applicant must submit the registration numbers of its subsisting trademark registrations.
The applicant must indicate whether “mooto” has any significance in the relevant trade, any geographical significance, or any meaning in a foreign language. 37 C.F.R. §2.61(b).
The examining attorney will neither search the Office records nor decide on the merits of the application until the applicant responds. 37 C.F.R. §2.61(b); TMEP §704.02.
/David C. Reihner/, Examining Attorney
Law Office 111, 703-308-9111 ext. 469
703-746-8111 fax.
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.