| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78003217 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
The applicant respectfully disagrees with the decision of the examining attorney set forth in her Office Action dated on or about August 3, 2004, that the specimen provided with applicant's Statement of Use on June 4, 2004 is "unacceptable as evidence of actual trademark use because it is advertising material."
Section 904.06(a) of the Trademark Manual of Examining Procedure states that any form of advertising that satisfies the following criteria should be construed as a display associated with the goods and the examining attorney should accept such specimen if it (1) includes a picture of the relevant goods; (2) shows the mark sufficiently near the picture of the goods to associate the mark with the goods; and (3) includes the information necessary to order the goods, (e.g., a phone number, mailing address, or e-mail address).
The specimen provided by the applicant with its Statement of Use on June 4, 2004, satisfies all of the above mentioned criteria, and therefore, the applicant believes that it is an acceptable specimen for showing applicant's actual use of the trademark.
For the foregoing reasons, the applicant respectfully requests that the examining attorney accept the specimen as submitted with the applicant's Statement of Use on June 4, 2004. |
|
| SIGNATURE SECTION | |
| SIGNATURE | /jeffrey h. labarge/ |
| SIGNATORY NAME | Jeffrey H. LaBarge |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATORY DATE | 08/17/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Aug 17 12:32:55 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXX-20040 817123255302052-78003217- 2006d5312d93ef27822583358 b2ec1c5be-N-N-20040817123 052438229 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78003217 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
The applicant respectfully disagrees with the decision of the examining attorney set forth in her Office Action dated on or about August 3, 2004, that the specimen provided with applicant's Statement of Use on June 4, 2004 is "unacceptable as evidence of actual trademark use because it is advertising material."
Section 904.06(a) of the Trademark Manual of Examining Procedure states that any form of advertising that satisfies the following criteria should be construed as a display associated with the goods and the examining attorney should accept such specimen if it (1) includes a picture of the relevant goods; (2) shows the mark sufficiently near the picture of the goods to associate the mark with the goods; and (3) includes the information necessary to order the goods, (e.g., a phone number, mailing address, or e-mail address).
The specimen provided by the applicant with its Statement of Use on June 4, 2004, satisfies all of the above mentioned criteria, and therefore, the applicant believes that it is an acceptable specimen for showing applicant's actual use of the trademark.
For the foregoing reasons, the applicant respectfully requests that the examining attorney accept the specimen as submitted with the applicant's Statement of Use on June 4, 2004. |
|
| Response Signature | |
| Signature: /jeffrey h. labarge/ Date: 08/17/2004 | |
| Signatory's Name: Jeffrey H. LaBarge | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 78003217 | |
| Internet Transmission Date: Tue Aug 17 12:32:55 EDT 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXX-20040817123255302052 -78003217-2006d5312d93ef27822583358b2ec1 c5be-N-N-20040817123052438229 |