Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

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.

 

SPECIMENS

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 recitation of services may not be amended to a cartoon series as this would be outside the scope of the reciation of services in the Notice of Allowance.  While an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.

 

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.

 

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 ASSIGNED EXAMINING ATTORNEY.