UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/590765

 

The assigned examining attorney has reviewed the statement of use filed on July 19^th, 2005 and has determined the following.

 

Mark Differs on Drawing and Specimens

The mark as depicted on the drawing disagrees with the mark as it appears on the specimen, and clarification is required.  Specifically, the drawing displays the mark as “HOOKAH TROPICAL FLAVORS” (with “HOOKAH” listed as a single, unitary word), while the specimen lists the mark as “HOO KAH TROPICAL FLAVORS” (with “HOO KAH” listed separately [a design element separates “HOO” and “KAH”]).  As such, the mark as listed on the drawing page does not match the mark as listed on the specimen of use.

 

The applicant must either:

 

(1) submit a new drawing of the mark that agrees with the specimen but does not materially alter the mark (amends the mark to HOO KAH TROPICAL FLAVORS – which does not constitute a material alteration to the mark as originally applied for); 37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i); or

 

(2) submit a substitute specimen that shows use of the mark shown in the drawing (HOOKAH TROPICAL FLAVORS) 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.

 

The applicant may not withdraw the statement of use.  37 C.F.R. §2.88(g).

 

Should the applicant choose to submit a substitute specimen, the statement supporting use of the substitute specimen must read as follows: 

 

The substitute specimen was in use in commerce prior to the expiration of the time allowed to applicant for filing a statement of use. 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.

 

The substitute specimen was in use in commerce prior to the expiration of the time allowed to applicant for filing a statement of use.

 

 

                                _____________________________                                                

                                                (Signature)

 

                                _____________________________

                                (Print or Type Name and Position)

 

                                _____________________________

                                                (Date)

 

 

A person who is properly authorized to sign on behalf of the applicant is:  (1) a person with legal authority to bind the applicant; or (2) a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or (3) an attorney as defined in 37 C.F.R. §10.1(c) who has an actual or implied written or verbal power of attorney from the applicant.  37 C.F.R. §2.33; TMEP §804.04.

 

Response

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.

 

The Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations.  The TARR database is available 24 hours a day, 7 days a week.  Status and status date information is also available via push-button telephone at (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday. 

 

 

 

 

 

 

/Christopher S. Adkins/

Christopher S. Adkins

Trademark Examining Attorney

Law Office 116

(571) 272-9121

christopher.adkins@uspto.gov

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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 SPECIFIED ABOVE.