To: | CONTROL SOLUTIONS, INC. (trademarks@brookskushman.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 76712848 - TEKKO - MAKHS 0113 T |
Sent: | 2/26/2015 5:12:00 PM |
Sent As: | ECOM118@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 76712848
MARK: TEKKO
|
|
CORRESPONDENT ADDRESS: Brooks Kushman PC |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: CONTROL SOLUTIONS, INC.
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 2/26/2015
This Office action is in response to applicant’s communication filed on February 26, 2015.
The specimen refusal is maintained and continued. Upon further review, the following new issue must be addressed:
REFUSAL—POSSIBLE GRADE DESIGNATION IN MARK ON SPECIMEN BUT NOT IN MARK ON DRAWING
Registration is refused because the specimen does not show the applied-for mark in the drawing in use in commerce. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a), 1301.04(g)(i). The mark on the drawing is TEKKO; however, the mark on the specimen appears as TEKKO PRO. Specifically, the notation “PRO” appears in the mark on the specimen and not in the mark on the drawing.
If this notation is not part of the mark and is merely a grade designation, then applicant must submit the following: (1) a statement that the notation is a grade designation, and (2) evidence showing use of the mark with other similar notations or evidence clearly showing that the notation is in fact a grade designation or model number. In re Raychem Corp., 12 USPQ2d 1399, 1400 (TTAB 1989); In re Sansui Elec. Co., 194 USPQ 202, 203 (TTAB 1977); see 37 C.F.R. §2.61(b). In the alternative, applicant may provide a substitute specimen showing the mark displayed on the drawing. See 37 C.F.R. §2.61(b); TMEP §904.05.
If applicant submits a substitute specimen, applicant should also include the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The substitute specimen was in use in commerce prior to the expiration of the deadline for filing the statement of use.” 37 C.F.R. § 2.59(b)(2); TMEP §904.05; see 37 C.F.R. §2.193(e)(1).
/Anne M. Farrell/
Anne M. Farrell
Trademark Examining Attorney
Law Office 118
(571) 272-9709
anne.farrell@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.