UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/976202
APPLICANT: Mondo Media
|
|
CORRESPONDENT ADDRESS: ROBERT S RODEN LAW OFFICES OF ROBERT S RODEN 11350 SAN PABLO AVE AL-339 SAN PABLO CA 94805
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
|
MARK: HAPPY TREE FRIENDS
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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.
|
Serial Number 76/976202
The Office has reassigned this application to the undersigned examining attorney. The assigned examining attorney has reviewed the statement of use filed on July 28, 2003 and has determined the following.
The specimen does not show use of the mark for any services identified in the statement of use. The application identifies the services as
(1)entertainment and animation production services, namely, producing an animated cartoon series featured on television, (2) entertainment services in the nature of live-action, comedy and drama television programs; (3) production of live-action comedy, drama and/or animated motion picture theatrical films; and (4) entertainment in the nature of live action theatrical performances; (5)providing a web site featuring information about movies, cartoons, and related entertainment industry information.”
The specimen is a website using the mark to identify an on-going animated cartoon series broadcast via television and on a global computer network. The mark fails to identify entertainment production services, live-action, comedy and drama television programs, theatrical performances or a website that provides entertainment information about movies, cartoons (of others) or industry information.
The applicant must submit a specimen showing use of the mark for the goods/services specified. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, 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. 37 C.F.R. §2.59(b); TMEP §904.09.
If an amendment of the dates-of-use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.05 and 1109.09(a).
/kms/
Karen Marie Strzyz
Senior Attorney
Law Office 112
703-308-9112 ext. 106
fax 703-746-6334
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, 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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.