UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/576821
APPLICANT: Ultimate Nutrition, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ULTIMATE NUTRITION, INC - THE FUTURE OF ETC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
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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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 76/576821
The assigned trademark examining attorney has reviewed the statement of use filed on January 03, 2006, and has determined the following.
The mark as depicted on the drawing disagrees with the mark as it appears on the specimen, and clarification is required. 37 C.F.R. §2.51; TMEP §§807.12-12(a).
Specifically, the drawing displays the mark as ULTIMATE NUTRITION, INC - THE FUTURE OF SPORTS NUTRITION, and the specimen shows the mark as ULTIMATE NUTRITION THE FUTURE OF SPORTS NUTRITION. [without “, INC – ”]
Applicant must either:
(1) submit a new drawing of the mark that agrees with the specimen but does not materially alter the mark; 37 C.F.R. §2.72(b); TMEP §§807.13, 807.13(a) and 807.14 et seq; or
(2) submit a substitute specimen that shows use of the mark shown in the drawing and includes a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed to applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §904.09.
Applicant may not withdraw the statement of use. 37 C.F.R. §2.88(g); TMEP §1109.17.
DISCLAIMER Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).
If applicant submit a substitute drawing page, without “INC” then applicant must amend the disclaimer statement.
The amended disclaimer would read:
No claim is made to the exclusive right to use NUTRITION and SPORTS NUTRTIION apart from the mark as shown.
/LEB/ Linda E. Blohm, Trademark Examining Attorney
571.272.9129, Law Office 110
Facsimile 571.273.9110
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
For inquiries or questions about this office action, please contact the assigned examining attorney.