Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/559205

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

The examining attorney has searched the Office records 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.

The applicant must provide a response resolving the following informalities.

INFORMALITIES 

1.   SPECIMEN OF TEMPORARY NATURE:

Applicant must submit a specimen of a more permanent nature.  The originally submitted specimen appears to be temporary in nature because it is a copy of the ARTWORK PROOF and not representative of what is actually used in commerce.  37 C.F.R. §2.61(b); TMEP §904.04(a).  In addition, applicant must submit a written statement that “the substitute specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20, that.  37 C.F.R. §2.59(a); TMEP §904.09.

The following is a properly worded declaration under 37 C.F.R. Section 2.20.  At the end of the response, the applicant should insert the declaration signed by someone authorized to sign under 37 C.F.R. Section 2.33(a).

 

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 the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

 

_____________________________                                 

(Signature)

 

_____________________________

(Print or Type Name and Position)

 

_____________________________

(Date)

 

Pending an adequate response to the above, registration is refused because the specimen of record does not show use of the proposed mark as a trademark.  Trademark Act Sections 1, 2 and 45, 15 U.S.C. §§1051, 1052 and 1127; TMEP §§904.11 and 1202 et seq.

 

2.   SIGNIFICANCE OF THE MARK:

The applicant must indicate whether SAMSARA has any significance in the relevant trade, any geographical significance or any meaning in a foreign language.  37 C.F.R. Section 2.61(b).  If the mark has no significance, the statement may be in the following form:

 

            The wording “SAMSARA” has no meaning  other than trademark significance.

 

 

 

 

Darryl M. Spruill

Trademark Attorney

Law Office 112

(703) 308-9112, Ext. 203

darryl.spruill@uspto.gov

/Darryl M. Spruill/

 

 

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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.