UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/595251
APPLICANT: TIMBER PRODUCTS INSPECTION, 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: TPS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 46952
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 76/595251
Upon further review of the application, the following has been determined.
Applicant must 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. Applicant must verify this corrected date of first use anywhere with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §903.05.
The date of first use anywhere specified in the application is March 25, 2004. That date is after October 2, 2003, which was set forth as the date of first use in commerce. It is not possible for the date of first use anywhere to be later than the date of first use in commerce, because use in commerce by definition includes use anywhere. TMEP §903.04.
Subsequently, the file has been withdrawn from publication.
/Stephanie M. Davis, Esq./
Trademark Examining Attorney
Law Office 109
Phone - 571.272.9272
Fax No. - 571.273.9109
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 SPECIFIED ABOVE.