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  77/001159

 

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

 

This in written response to applicant’s Response to Office Action and Amendment to Allege Use filed on March 8, 2007.  The Amendment to Allege is acceptable.

 

Drawing

 

The mark as depicted on the drawing disagrees with the mark as it appears on the specimen, and clarification is required.  37 C.F.R. §2.51; TMEP §807.12.  Specifically, the drawing displays the mark as FIZZ CUP, and the specimen shows the mark only as FIZZ.

 

Applicant must either:

 

(1)   submit a new drawing of the mark which agrees with the specimen but does not materially alter the mark, e.g. FIZZ; 37 C.F.R. §2.72(b); TMEP §§807.13(a) and 807.14 et seq;

 

(2)   submit a substitute specimen that shows use of the mark shown in the drawing, e.g. FIZZ CUP, with a statement that “the substitute specimen was in use in commerce prior to filing the amendment to allege use,” verified with an affidavit or a signed declaration under 37 C.F.R. §2.20; 37 C.F.R. §§2.59(b) and 2.72(b); TMEP §1104.09(e); or

 

(3)   withdraw the amendment to allege use.  TMEP §1104.10.

 

Disclaimer

 

If applicant chooses to submit a new drawing, e.g. a drawing of the mark as FIZZ, then applicant must withdraw the disclaimer of the wording CUP.

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

 

 

 

/Tamara Lee/

Trademark Examining Attorney

Law Office 104

Phone - (571) 270-1511

Fax No. - (571) 270-2511

 

 

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.