UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/573533
APPLICANT: CARNEGIE MELLON UNIVERSITY
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CORRESPONDENT ADDRESS: CHARLES H. DOUGHERTY, JR. REED SMITH LLP P.O. BOX 488 PITTSBURGH, PENNSYLVANIA 15230-0488
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK:
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CORRESPONDENT’S REFERENCE/DOCKET NO: 03-217-US
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 76/573533
Upon further review of the referenced application, the examining attorney has determined the following. The examining attorney apologizes for any inconvenience caused by this supplemental action.
Applicant must submit a statement confirming that “the mark is still in use in commerce,” verified by a notarized affidavit or signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.33(c); TMEP §804.03. Applicant did not file this application within a year after the application was signed, and therefore applicant must confirm that the mark is still in use in commerce.
Applicant should add the following declaration paragraph to the end of its response, and include a dated signature by a person authorized under 37 C.F.R. §2.33(a). 37 C.F.R. §2.20.
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 and the like may jeopardize the validity of the application or document 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.
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(Signature)
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(Print or Type Name and Position)
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(Date)
Whether applicant chooses to respond via regular mail or electronic mail, applicant should submit its response using only one of these means of communication. Duplicate responses will delay the prosecution of the application.
Applicants may now file requests to change the correspondence address electronically on up to 20 applications at one time. The Office encourages applicants to use this time-saving form, available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm.
The following legal authorities govern the processing of trademark and service mark applications by the Office: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Office’s Trademark Manual of Examining Procedure (TMEP) (3rd ed., Rev. 2, May 2003), available on the United States Patent and Trademark Office web site at http://www.gov.uspto.report/main/trademarks.htm.
/Matthew J. Pappas/
Trademark Attorney
Law Office 105
703/308-9105 ext. 206
matthew.pappas@uspto.gov (informal)
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.