Offc Action Outgoing

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. 

 

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  76/653457  Lil Angel  & Design

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

I.  NO CONFLICTING MARKS:

 

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 1105.01.  However, the applicant must respond to the following informality.

 

II.  SPECIMEN:

 

The applicant will submit a substitute specimen that supports use of the mark with the identified goods.  37 C.F.R. §2.56.  The specimen is unacceptable because the head portion and the arms of the stylized figure in the mark did not reproduce in the specimen (i.e., they cannot be made out from the background in the black white reproduction of the specimen).  Examples of an acceptable specimen are tags, labels, instruction manuals, containers or photographs that show the mark on the goods or packaging.  The applicant will verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application.  37 C.F.R. §2.59(a); TMEP §904.09.

 

The statement supporting use of the substitute specimen must read as follows:

 

The substitute specimen was in use in commerce at least as early as the filing date of the application.

 

DECLARATION:

 

The following is a properly worded declaration under 37 C.F.R. Section 2.20.  If the applicant uses this declaration rather than a notarized statement, then at the end of its response, the applicant should insert the following declaration signed by a person properly authorized to sign on behalf of the applicant.

 

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.

 

 

                        _____________________________                                   

                                     (Signature)

 

                        _____________________________

                        (Print or Type Name and Position)

 

                        _____________________________

                              (Date)

 

 

-  ALTERNATIVE – SUBSTITUTING A BASIS (Advisory):

 

If the applicant cannot comply with the requirement for a specimen of use under the Section 1(a) basis, the applicant may wish to amend the application to assert a Section 1(b) intent-to-use basis.

 

Accordingly, if the applicant intends to amend the basis from Section 1(a) to Section 1(b), the applicant must submit the following statement:

 

The applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application since the filing date of the application. 

 

Trademark Act Section 1(b), 15 U.S.C. Section 1051(b).

 

As above, this statement must also be verified with an affidavit or a declaration under 37 C.F.R. Section 2.20. Trademark Act Section 1(b), 15 U.S.C. Section 1051(b);  37 C.F.R. Section 2.71(d)(1).  Please see  immediately above for a properly worded declaration.

 

III.  DECLARATION:

 

The declaration submitted with the application is unacceptable because it omitted the following required wording, “he/she believes the applicant to be the owner of the trademark/service mark sought to be registered.”  This wording is required to support all applications based on Section 1(a) use in commerce.  Accordingly, the applicant must submit a substitute declaration.

 

The following is a properly worded declaration under 37 C.F.R. Section 2.20. The applicant should submit this declaration signed by a person properly authorized to sign on behalf of the applicant.

 

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 he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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)

 

 

IV.  CONCLUSION:

 

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

 

/KaranChhina/

Karanendra S. Chhina

Trademark Attorney

Law Office 114

(571) 272-9447

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

 

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• 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.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.