Incomplete SOU

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF INCOMPLETE STATEMENT OF USE

 

TO AVOID THE DENIAL OF YOUR STATEMENT OF USE, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE  WITHIN THIRTY (30) OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/655311

 

The request for extension of time to file a statement of use (extension request), filed on August 14, 2007, is accepted and thus extends the time to file a statement of use to October 10, 2007.  However, the statement of use filed on August 14, 2007, does not meet the minimum filing requirements and is not accepted for the reason(s) set forth below.  Applicant may respond to this Office action by correcting the deficiencies noted below.  To avoid abandonment of the application, applicant’s response to this Office action must be received in the Office on or before October 10, 2007, i.e., before expiration of the granted extension period.  15 U.S.C. §1051(d); 37 C.F.R. §2.88.

 

STATEMENT OF USE IS DEFICIENT AS FOLLOWS:

 

STATEMENT OF USE UNSIGNED AND THEREFORE NOT VERIFIED:  The statement of use was unsigned and therefore the statement therein that “the mark is in use in commerce” was not verified.  This statement, verified by affidavit or declaration under 37 C.F.R. §2.20, and signed by applicant or a person authorized to sign on behalf of applicant, is one of the minimum filing requirements.  15 U.S.C. §1051(d); 37 C.F.R. §§2.88(b)(1) and (e)(3); TMEP §§804.04, 1109.09 and 1109.11 et seq.

 

NO SPECIMEN SUBMITTED:  The required specimen showing use of the proposed mark in commerce for the goods and/or services identified in the notice of allowance was not submitted with the statement of use.  A specimen showing use of the mark in commerce is one of the minimum filing requirements for a statement of use.  15 U.S.C. §1051(d); 37 C.F.R. §2.88(e)(2); TMEP §§1109.06 and 1109.09(b). 

 

Only if there is time remaining in the statutory period for filing the statement of use can an applicant submit a specimen for the statement of use.  The specimen must be accompanied by a statement that “the specimen was in use in commerce before expiration of the deadline for filing the statement of use,” and this statement must be properly verified by an affidavit or declaration under 37 C.F.R. §2.20.

 

Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale.  TMEP §904.  Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services.  TMEP §§1301.04 et seq.

 

SAMPLE DECLARATION TO ACCOMPANY A SPECIMEN(S):  The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified specimen, if signed and dated by applicant or a person authorized to sign on behalf of applicant:

 

The specimen was in use in commerce before expiration of the deadline for filing the statement of use; 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 this document, declares that s/he is properly authorized to execute this document on behalf of the applicant; and 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/Type Name and Position

 

______________________________

Date

 

 

 

 

If a response correcting the statement of use deficiencies is received in the Office after the due date, the application will abandon. 

 

Please call the undersigned with any questions.

 

 

 

 

/Concetta A. Butler/

Paralegal Specialist,

ITU/Divisional Unit

(571) 272 9494

(571) 273-9494

concetta.butler@uspto.gov

 

How to respond to this Office Action:

 

Your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.