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  76/597909

 

In addition to all of the substantive issues and informalities raised in the Office Action dated 14 February 2005, which are incorporated by reference herein, applicant must also address the following issues.  Please note that applicant must respond to all issues raised in this Office Action, as well as the previous Office Action of 14 February 2005, within six (6) months of the mailing date of this letter.  If applicant does not respond within this time limit, the application will be abandoned.

 

The assigned trademark examining attorney has reviewed the amendment to allege use and has determined the following:

 

Mark On Drawing Does Not Match Mark On 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 BEAN, and the specimen shows the mark as THE BEAN.

 

Applicant must either:

 

(1)   submit a new drawing of the mark which agrees with the specimen but does not materially alter the mark; 37 C.F.R. §2.72(b); TMEP §§807.13(a) and 807.14 et seq;

 

(2)   submit a substitute specimen that shows use of the mark shown in the drawing, with a statement that “the substitute specimen was in use in commerce prior to filing the amendment to allege use,” verified with an affidavit or a signed declaration under 37 C.F.R. §2.20; 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §1104.09(e); or

 

(3)   withdraw the amendment to allege use.

 

37 C.F.R. §2.51; TMEP §807.12.

 

Specimens

The current specimen of record appears to be a photograph of a container for the goods.  Other than the mark THE BEAN, the wording is illegible.  The applicant must therefore submit a clearer copy of the specimens submitted so that the wording on the specimen is legible.  TMEP §§904.04 et seq.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

NOTICE:  FEE CHANGE   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

NOTICE:  TRADEMARK OPERATION RELOCATION

 

The Trademark Operation has relocated to Alexandria, Virginia.  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, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

 

/Katherine Stoides/

Trademark Examining Attorney

Law Office 110

(571) 272-9230

 

 

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 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.