To: | BABCOCK, INC. (r.klinger@grandecom.net) |
Subject: | TRADEMARK APPLICATION NO. 76552304 - BABCOCK - BDP-12 |
Sent: | 06/02/10 05:23:17 PM |
Sent As: | PRG@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
REGISTRATION NO: 2907933
REGISTRANT: BABCOCK, INC.
|
6/2/10 |
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
|
MARK: BABCOCK
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: BDP-12
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Registration date, registration number, mark and registrant's name. 2. Date of this Office Action. 3. Examiner's name and Post Registration Division. 4. Your telephone number and e-mail address.
|
Registration Number 2907933
The Sections 8 & 15 Combined Affidavit submitted on May 11, 2010, cannot be accepted or acknowledged for the reasons set forth below.
SPECIMEN
The specimen of record does not show the registered mark.
DECLARATION TO SIGN AND DATE
The owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 6-year Section 8, that is, between the 5th and 6th year anniversary after the date of registration or the date of publication under 15 U.S.C. §1062 .
The mark has been in continuous use in commerce for five (5) consecutive years after the date of registration or the date of publication under 15 U.S.C. §1062(c), and is still in use in commerce on or in connection with all goods and/or services listed in the existing registration. There has been no final decision adverse to the owner’s claim of ownership of such mark for such goods and/or services, or to the owner’s rights to register the same or to keep the same on the register; and there is no proceeding involving said rights pending and not disposed of either in the United States Patent and Trademark Office or in the courts.
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 statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
__________________________
Signature of Authorized Person
__________________________
Type or Print Name
__________________________
Date
The following persons are authorized to sign a Combined Affidavit on behalf of the owner:
(1) A person with legal authority to bind the owner;
(2) A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; and
(3) An attorney as defined in 37 C.F.R. §11.1 who has actual or implied written or verbal power of attorney from the owner.
37 C.F.R. §2.161(b); TMEP §1604.08(a).
DEFICIENCY SURCHARGE INFORMATION: A $100 deficiency surcharge must be submitted if the response to this Office action is received by the Office after date of 6th year anniversary. 37 C.F.R. §§2.6 and 2.164(a)(1).
ADVISORY: If a response to this Office action is not filed within the response deadline above, and time remains in the grace period, the registrant may avoid cancellation of its registration by filing a new affidavit of use within the grace period. 37 C.F.R. §2.163(c). Additional fees are required to file a new affidavit during the grace period. 37 C.F.R. §2.161(d)(1)-(2). For more information about this, please contact the undersigned.
How to respond to this Office Action:
To file a response to this office action, please use the Trademark Post Registration Response Application, (TEAS) Trademark Electronic Application System located on (www.USPTO.GOV) when applicable.
You may also submit the response via regular mail, e-mail(include a j-peg for specimen substitution), or facsimile, the response must include the following: registration number, the words 'Post Registration', and name of Trademark Specialist to expedite forwarding. Use the Return Address listed above in the right hand corner if sending your response via regular mail.
The filing date of a document with the Office is the date the document is received in the Office. 37 C.F.R. §2.195(a); TMEP §§303 and 303.01. However, if a “certificate of mailing” by first class mail or a “certificate of facsimile transmission” under 37 C.F.R. §2.197 is added to the response and the procedures in 37 C.F.R. §§2.195(c) and 2.197 are satisfied, then the document will be considered timely filed if the document is mailed or transmitted prior to expiration of the response time period regardless of whether it was received in the Office after the response time period. TMEP §§305.02 and 306.05 et seq.
Certificate of Mailing under 37 C.F.R. §2.197:
I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail with postage paid in an envelope addressed to: Commissioner for Trademarks, P.O. Box, 1451, Alexandria, VA 22313-1451, on the date shown below.
____________________________
Signature
____________________________
Typed or Printed Name
____________________________
Date
Certificate of Facsimile transmission under 37 C.F.R. §2.197:
I hereby certify that this correspondence is facsimile transmitted to the United States Patent and Trademark Office on the date shown below.
____________________________
Signature
____________________________
Typed or Printed Name
____________________________
Date
To expedite inquiries about this office action, please contact the assigned Trademark Specialist via e-mail.
Should you need assistance for the following: Navigating through USPTO website, Post Registration TEAS Response applications, or general Trademark questions please contact: TrademarkAssistanceCenter@uspto.gov, or telephone either 571-272-9250 or 1-800-786-9199.
Dawn Hembry
/Dawn Hembry/
Dawn.Hembry@USPTO.gov
Trademark Specialist
Post Registration Division
571/272-9506
571/273-9506 (fax)