To: | MECCO PARTNERS, LLC (tperles@kwbhlaw.com) |
Subject: | TRADEMARK APPLICATION NO. 77549199 - MECCO - N/A |
Sent: | 12/4/2008 6:23:03 PM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/549199
MARK: MECCO
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CORRESPONDENT ADDRESS: KEEVICAN WEISS BAUERLE & HIRSCH, LLC |
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: MECCO PARTNERS, LLC
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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: 12/4/2008
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
Refusal – Specimen Does Not Show Mark on Class 8 Goods
In this case, the specimens appear to show the mark on marking machines rather than hand tools.
Therefore, applicant must submit the following:
(1) A substitute specimen showing use of the mark for Class 8; 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 §904.05. 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 §§904.03 et seq.
Pending a proper response, registration is refused because the specimen does not show the applied-for mark in use in commerce as a trademark or service mark for the identified goods or services. 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56; TMEP §§904, 904.07(a).
Applicant must respond to the requirements set forth below.
Identification of Goods
The applicant is advised that “Laser systems composed of lasers and scanners for material processing namely marking, engraving, etching, material ablation, material cutting and perforation” are properly classified in International Class 9. Therefore, the applicant must delete this wording from the identification in International Class 7.
Requirements for Adding a Class
(1) Applicant must list the goods by international class;
(2) Applicant must submit a filing fee for each international class of goods not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov); and
(3) For each additional international class of goods, applicant must submit:
a. Dates of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial application apply to that class; and the dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application;
b. One specimen showing use of the mark for each class of goods and/or services; and the specimen must have been in use in commerce at least as early as the filing date of the application. If a single specimen supports multiple classes, applicant should indicate which classes the specimen supports rather than providing multiple copies of the same specimen;
c. A statement that “the specimen was in use in commerce on or in connection with the goods listed in the application at least as early as the filing date of the application;” and
d. Verification of the statements in 3(a) and 3(c) (above) in an affidavit or a signed declaration under 37 C.F.R. §§2.20, 2.33. Verification is not required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, and (2) the original specimens are acceptable for the added class(es).
See 37 C.F.R. §§2.34(a)(1), 2.71(c), 2.86(a); TMEP §§1403.01, 1403.02(c).
The specimen of record is acceptable for International Class 7 only.
Translation and Significance of Mark
The applicant must submit an English translation of MECCO, if there is one. TMEP §809; see 37 C.F.R. §§2.32(a), 2.61(b). In addition, the applicant must specify whether the wording “MECCO” has any significance in the relevant trade or industry or as applied to the goods described in the application. See 37 C.F.R. §2.61(b); TMEP §§808.01(c), 814.
Claim of Prior Registrations
If applicant is the owner of U.S. Registration Nos. 3529876 and 1082317, then applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:
Applicant is the owner of U.S. Registration Nos. 3529876 and 1082317.
Search Results
/StevenFine/
Trademark Attorney
Law Office 110
(571) 272-9158
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.