UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY ACTION

 

OFFICE SEARCH:  The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 704.02.   

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.   This case will be given priority as an amended case if you respond to the requirements stated below within two months. 

 

Serial Number 76/578958  BLACK CAT

 

EXAMINER'S AMENDMENT

 

In accordance with the authorization granted as per TMEP section 707.02, the application has been AMENDED as indicated below.  If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  Please advise the undersigned if there is an objection to the amendment.   

 

I.  MARK:

 

The mark is amended to a standard character mark.

 

 

PRIORITY ACTION

 

 

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

I.  DATES OF USE – Date of First Use Anywhere After Date Of First In Commerce:

 

The applicant has specified 1952 as the date of first use of the mark anywhere.  The Office interprets this as the last day of 1952 (i.e., December 31, 1952).  TMEP §903.07.  However, that date is after January 1, 1952, set forth as the date of first use in commerce.  This is not possible because use in commerce by definition includes use anywhere.  TMEP §903.04.  Therefore, the applicant must amend the dates‑of‑use clause to specify a date of first use anywhere which is not later than the date of first use in commerce.  The applicant must verify this amendment with an affidavit or a declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.71(c); TMEP §903.05.  If the applicant adopts the date of first use in commerce as the date of first use anywhere, the applicant need not verify the amendment.

 

DECLARATION:

 

The following is a properly worded declaration under 37 C.F.R. Section 2.20 to support the requirements for this Section.  At the end of responses to the issues raised in this Section, the applicant should submit this declaration signed by a person properly authorized to sign on behalf of the applicant.

 

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)

 

 

 

If the applicant has any questions regarding this Priority Action, please telephone the assigned examining attorney.

 

/KaranChhina/

Karanendra S. Chhina

Trademark Attorney

Law Office 114

(703) 308-9114 x441

 

 

 

 

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

 

 

NOTICE:  TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004

 

The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.