To: | Editorial Armonía, S.A. de C.V. (cueasesores@prodigy.net.mx) |
Subject: | TRADEMARK APPLICATION NO. 77010517 - KENA - N/A |
Sent: | 7/23/2007 9:31:20 AM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/010517
MARK: KENA
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Editorial Armonía, S.A. de C.V.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 7/23/2007
The applicant’s response has been reviewed. The Section 44 basis has been deleted. The applicant has submitted a specimen, which is an image of a magazine entitled KENA, to perfect its Section 1(a) basis. However, as noted in the previous Office Action, the goods as listed in the application are not “magazines”; they are “magazine paper.” Magazines and magazine paper are separate goods. See the definition of “magazine paper” attached to the previous Office Action: “A paper suitable for printing of periodicals…manufactured in a wide range of grades and finishes…”
Since the specimen is a magazine and the goods listed in the application are “magazine paper,” registration is refused because the specimen does not show the applied-for mark in use in commerce as a trademark for the identified goods (i.e., magazine paper). 15 U.S.C. §§1051 and 1127; 37 C.F.R. §§2.34(a)(1)(iv) and 2.56.
PLEASE NOTE: The applicant may not amend the identification of goods to recite “magazines” rather than “magazine paper.” 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 goods that are not within the scope of goods set forth in the present identification.
In view of the facts that the mark identifies a magazine rather than magazine paper, and the applicant may not amend the identification of goods, it does not appear that the application may be amended so as to permit approval thereof. The applicant may file a new application which identifies the goods as “magazines in the field of _____” (indicate subject matter). But, as noted, the applicant may not so amend the identification in the present application.
In the unlikely event that the term KENA does identify “magazine paper,” the applicant must submit the following:
(1) A substitute specimen showing use of the mark for each class of goods and/or services specified in the application; and
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The specimen was in use in commerce at least as early as the filing date of the application.” 37 C.F.R. §2.59(a); TMEP §904.09. If submitting a specimen requires an amendment to the dates of use, applicant must also verify the amended dates. 37 C.F.R. §2.71(c).
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 §§904.04 et seq.
/StevenFine/
Trademark Attorney
Law Office 110
(571) 272-9158
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.