UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/583996
MARK: COCHLEAR
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: COCHLEAR LIMITED
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
The examining attorney has reviewed applicant’s Statement of Use and determined the following.
Date of First Use in Commerce is Before Date of First Use Anywhere
The application specifies a date of first use of the mark in commerce (6/20/06) that is earlier than the date of first use anywhere (8/23/06). However, this is not possible because use in commerce by definition includes use anywhere. TMEP §903.04.
Therefore, applicant must (1) amend the dates of use to specify a date of first use anywhere that is not later than the date of first use in commerce, and (2) verify this amended date with an affidavit or signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §903.05. The following is a sample declaration:
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 the 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)
Advisory
Please note that registration may be refused when an applicant has not used the mark in commerce at the time the statement of use was filed. Trademark Act Section 1(d), 15 U.S.C. §1051(d); 37 C.F.R. §2.88(b)(1); TMEP §§1109.09(a) and 1109.16(a). If applicant has used the mark in commerce prior to the expiration of the time allowed to applicant for filing a statement of use, then applicant may correct the dates of use.
Applicant may not withdraw the statement of use. 37 C.F.R. §2.88(g); TMEP §§903.05 and 1109.17.
If applicant has any questions, please do not hesitate to contact the undersigned.
/Maureen Dall/
Maureen L. Dall
Trademark Examining Attorney, Law Office 117
United States Patent and Trademark Office
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.