| To: | BevNET.com, Inc. (torourke@bodnerorourke.com) |
| Subject: | TRADEMARK APPLICATION NO. 77014759 - BEVNET - N/A |
| Sent: | 10/18/2007 2:38:43 PM |
| Sent As: | ECOM102@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/014759
MARK: BEVNET
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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: BevNET.com, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT/PRIORITY ACTION
ISSUE/MAILING DATE: 10/18/2007
AMENDMENT: In accordance with the authorization granted by THOMAS A O'ROURKE on October 18, 2007, the application has been AMENDED as indicated below. Please advise the undersigned immediately if there is an objection to the amendment. Otherwise, no response is necessary. TMEP §707.
If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).
Identification and Classification of Services
Class 032 is amended to Class 035, and the identification of services is amended to read as follows. The other classes are not affected by this amendment:
International Class 035: “Providing a website containing product reviews of the goods of others in the beverage industry.” TMEP §1402.01(e).
If applicant has questions, please telephone the assigned trademark examining attorney directly at the number below.
The following issues were discussed with the person listed above.
This letter responds to the applicant’s communications filed on 08/27/2007. Applicant submitted a substitute specimen for class 016 and new specimens for the added classes 009 and 035.
Applicant’s sufficiently responded to the identification and classification requirements in its 08/27/2007 communication and/or by the above examiner’s amendment. Accordingly, the requirements have been satisfied and are now withdrawn. TMEP §714.04.
For the reasons set forth below, the dates of use requirements are now made FINAL,37 C.F.R. §2.64(a).
Dates of Use Omitted
As previously required, the response does not include the required dates of first use of the mark for classes 009 and 035 that were added to the application in applicant’s 08/20/2007 response. Applicant must provide the following, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: (1) the date of first use of the mark anywhere, and (2) the date of first use of the mark in commerce. 15 U.S.C. §1051(a)(2); 37 C.F.R. §§2.34(a)(1)(ii)-(iii) and 2.71(c); TMEP §§903 et seq. These two dates must be provided even if they are the same. TMEP §903.04.
Accordingly, this requirement is now made FINAL.
Partial Abandonment Advisory and Response Options
If applicant does not respond within six months of the mailing date of this final action, the following classes to which the final requirements apply will be deleted from the application by Examiner’s Amendment: Class 009: Electronic publications, namely, an on-line periodically published magazine concerning the beverage industry, and Class 035: Providing a website containing product reviews of the goods of others in the beverage industry. The application will proceed forward for the remaining class. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).
Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/Anthony M. Rinker/
Trademark Examining Attorney
Law Office 102
571-272-5491
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 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.