To: | Navistar International Corporation (ptinfo@nav-international.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77207365 - NAVISTAR - N/A |
Sent: | 4/30/2009 6:34:19 PM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/207365
MARK: NAVISTAR
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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: Navistar International Corporation
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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: 4/30/2009
THIS IS A FINAL ACTION.
This office action is in response to applicant’s communication filed on April 3, 2009 in which applicant submitted a substitute specimen.
Please note, the following requirement is now made FINAL: Specimen. See37 C.F.R. §2.64(a).
SPECIMEN IMPROPERLY VERIFIED – FINAL ACTION
The substitute specimen previously submitted was not properly verified and cannot be accepted into the application record. 37 C.F.R. §2.59(b)(2); TMEP §904.05. Specifically, applicant’s declaration references that “[t]he substitute specimen(s) was in use in commerce prior to the filing of the Amendment to Allege Use (AAU)."
However, applicant must provide the following statement, verified with an affidavit or declaration under 37 C.F.R. §2.20: “The substitute specimen was in use in commerce prior to the time allowed applicant for filing a statement of use.”
The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting there from, declares that the substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
Pending receipt of a proper response, registration is refused because the specimen does not show the applied-for mark in use in commerce as a trademark due to improper verification. 15 U.S.C. §§1051, 1053, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56; TMEP §904.07(a).
Proper Response to Final Action
If applicant does not respond within six months of the mailing date of this final Office action, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final Office action by:
(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; 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), 2.64(a); TBMP ch. 1200; TMEP §714.04.
In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/tfrazier/
Tamara G. Frazier
Trademark Examining Attorney
Law Office 116
Phone: (571) 272-8256
Fax: (571) 273-8256
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; 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.