To: | Raja Trading Company, Inc. (HWRITM@hunton.com) |
Subject: | TRADEMARK APPLICATION NO. 76630439 - RAJA MEDICAL - 65670.3 |
Sent: | 11/14/2005 3:23:50 PM |
Sent As: | ECOM102@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/630439
APPLICANT: Raja Trading Company, 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: RAJA MEDICAL
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CORRESPONDENT’S REFERENCE/DOCKET NO: 65670.3
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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Serial Number 76/630439
This final Office action is a response to applicant’s communication filed November 8, 2005.
In an Office action dated September 2, 2005 the examining attorney refused registration of the mark until such time as applicant amended the identification of services, disclaimed MEDICAL and provided substitute specimens. In its response, applicant 1) Amended the identification; 2) Disclaimed MEDICAL; and 3) Submitted substitute specimens. Numbers 1 and 2 are acceptable.
The trademark examining attorney has reviewed the substitute specimens but has determined that they are unacceptable. The requirements under 37 C.F.R. §§2.56 and 2.88(b)(2), TMEP §1109.09(b) are therefore now made FINAL for the reasons set forth below. 37 C.F.R. §2.64(a).
Applicant must submit a specimen showing use of the mark for the services specified in the application, because the specimen currently of record does not show use of the mark for any services identified in the statement of use. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). Applicant must also submit a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed 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)(2); TMEP §904.09.
The current specimen of record comprises screen shots of applicant’s web page which show the proposed mark appearing as the name of a company that makes the products. It does not show use for applicant’s services because there is nothing on the web pages to suggest that applicant is a distributorship for the products listed on the website.
The following is a sample declaration under 37 C.F.R. §2.20 with a supporting statement for a substitute specimen:
The undersigned being warned that willful false statements and the like 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 registration resulting there from, declares that the substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use; 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)
For the foregoing reasons, this requirement is maintained and made FINAL.
Proper Response to a Final Office Action
If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.
/John M. Gartner/
Trademark Examining Attorney
Law Office 102
(571) 272-9255
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.