To: | JOBSON MEDICAL INFORMATION LLC (jfriedman@jhihealth.com) |
Subject: | TRADEMARK REGISTRATION NO. 2927516 - REVIEW OF OPTOMETRY - N/A |
Sent: | 09/14/10 10:08:06 AM |
Sent As: | PRG@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION
REGISTRATION NO. 2927516
REGISTRANT: JOBSON MEDICAL INFORMATION LLC
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CORRESPONDENT’S ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/teas/eTEASpageC.htm
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MARK: REVIEW OF OPTOMETRY
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CORRESPONDENT’S REFERENCE/DOCKET NO. N/A
CORRESPONDENT’S EMAIL ADDRESS: |
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ISSUE/MAILING DATE: 9/14/2010
Registration Number 2927516
Your response to the outstanding Office action regarding the Section 8 Affidavit was timely received on September 8, 2010. After consideration of the response and the facts of record, the refusal to accept the Section 8 Affidavit is maintained for the reason(s) set forth below. The registration will be cancelled in due course.
The Section 8 Affidavit cannot be accepted because the substitute specimen was not properly verified.
The owner was using the mark in commerce on or in connection with the goods 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 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
DEFICIENCY SURCHARGE INFORMATION: A $100 deficiency surcharge must be submitted if the response to this Office action is received by the Office after February 22, 2011 date of 6th year anniversary. 37 C.F.R. §§2.6, 2.164(a)(1); TMEP §1604.17(a). Note: This only applies when the response time deadline above falls after the 6th year anniversary date.
ADVISORY: If a response to this Office action is not filed within the response deadline above, and time remains in the grace period, the owner 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.
If you disagree with this refusal to accept the Section 8 Affidavit, you may file a petition to the Director to review this decision. 37 C.F.R. §§2.146(a)(2), 2.165; TMEP §§1604.18 et seq. The petition must be filed within six months from the issuance date of this letter and be accompanied by a fee of $100. 37 C.F.R. §§2.6, 2.146(c), 2.165(b). Any facts to be proven on petition must be in the form of an affidavit or declaration under 37 C.F.R. §2.20; and signed by someone with firsthand knowledge of the facts to be proved. 37 C.F.R. §2.146(c).
/dda/
Dana D. Austin
Dana D. Austin
Trademark Specialist
Post Registration Division
(571) 272-9536 (Direct Line)
(571) 273-9536 (Fax)
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form at http://www.gov.uspto.report/teas/eTEASpageC.htm. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration. For technical assistance with online forms, e-mail TEAS@uspto.gov.
WHO MUST SIGN THE RESPONSE: It must be personally signed by (1) an individual registrant; (2) someone with legal authority to bind registrant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent registrant. If a registrant is represented by an attorney, the attorney must sign the response.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.