UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/008683
APPLICANT: ELECTRONIC DATA SYSTEMS CORPORATION
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CORRESPONDENT ADDRESS: L. JOY GRIEBENOW ELECTRONIC DATA SYSTEMS CORPORATION 5400 Legacy Drive H3-3A-05 Plano TX 75024 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom102@uspto.gov
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MARK: EBREVIATE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 78/008683
The examining attorney has reviewed the Statement of Use filed June 25, 2002 and notes the following:
The specimen is unacceptable as evidence of actual trademark use because it does not show use of the mark on the goods themselves, or their packaging. The examining attorney notes that the software is identified as being used in connection with the Internet, and the specimen is an printout of an Internet web page showing the mark. But the specimen, nevertheless, must show the mark as it is used on the goods themselves, not as it is used on the related website, because the mark identifies the software, not the website.
The applicant must submit a specimen showing the mark as used in commerce. 37 C.F.R. §2.56. Examples of acceptable specimens are tags, labels, instruction manuals, containers or photographs that show the mark on the goods or packaging. TMEP §904.04 et seq. The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application. Jim Dandy Co. v. Siler City Mills, Inc., 209 USPQ 764 (TTAB 1981); 37 C.F.R. §2.59(a); TMEP §904.09.
The following is an example of a proper statement and declaration:
The specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use.
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
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(Signature)
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(Print or Type Name and Position)
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(Date)
If an amendment of the dates‑of‑use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. Section 2.20. 37 C.F.R. Section 2.71(c); TMEP section 904.05.
PLEASE NOTE: Because it delays processing, submission of duplicate papers is discouraged. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax. TMEP 702.04(e); Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/John M. Gartner/
Trademark Examining Attorney
Law Office 102
(703) 308-9102 ext. 134
ecom102@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.