Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE:

 

The assigned examining attorney has reviewed the Statement-of-Use filed on July 12, 2007, and has determined the following:

 

Date of First Use Anywhere Omitted

 

The statement of use does not specify the date of first use anywhere.  15 U.S.C. §1051(d)(1); 37 C.F.R. §2.88(b)(1); TMEP §§903, 903.01 and 1109.09(a). Instead, the applicant entered the response, “USA.” This response is unacceptable. Both a date of first use anywhere and a date of first use in commerce must be provided, even if they are the same.  TMEP §903.04.

 

Therefore, applicant must specify the date of first use of the mark anywhere.  If the date of first use anywhere differs from the date of first use in commerce, applicant must verify the date of first use anywhere with an affidavit or signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.71(c); TMEP §903.  However, if the date of first use anywhere is the same as the date of first use in commerce, applicant need not verify the date of first use anywhere.  TMEP §903.05.

 

Use of the Mark in Commerce Not Indicated

 

The application does not include the required statement that the mark is in use in commerce.  Therefore, applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:

 

The mark is in use in commerce and was in use in commerce on or in connection with the goods or services listed in the application on the application filing date.

 

Trademark Act Section 1(a)(3)(C), 15 U.S.C. §1051(a)(3)(C); 37 C.F.R. §2.34(a)(1)(i).

 

Contact and Status Update Information

 

The applicant may view and download any or all documents contained in the electronic file wrapper of its OWN and all other pending trademark applications, as well as many registrations via the Trademark Document Retrieval (TDR) system available online at:

 

<http://portal.gov.uspto.report/external/portal/tow>. 

 

Currently, you can access all pending applications and all Madrid Protocol filings, and also many registrations, via TDR.  The USPTO is in the process of converting all remaining registrations into a digital format, to permit future TDR access.  This conversion process is expected to take several years.

 

Downloads are converted into PDF format and may be viewed with any PDF viewer, including the free Adobe Reader.

 

If you need information regarding the application process or applying for a Trademark, please access other resources on the Trademark Web page such as: Frequently-Asked Questions or Basic Facts about Trademarks.  More detailed information is available in the Trademark Manual of Examining Procedure and the Acceptable Identification of Goods and Services Manual. 

 

Applicants should note that they may now file changes of correspondence address via a new form on TEAS.   Address changes may be performed on up to 20 cases at a time.  The Trademark Office strongly encourages applicants to use this time-saving form that is available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm

 

To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9103.

 

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

                       

/Ronald E. Aikens/

Trademark Attorney, Law Office 103

US Patent and Trademark Office

(571) 272-9268 (d)

(571) 273-9268 (fax not for responses)

 

 

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 Office’s Response to Office action 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.