Dear Karen,
I have left you a couple of phone messages but have been traveling myself so
am not sure if your callback has missed me.
Unfortunately we sent you the wrong material to support the Clarus
"Statement of Use". Instead of a User Manual we sent you a product
brochure. I misread the instructions, it's my fault.
Can we correct this by sending you one of the Clarus User Manuals, or do we
have to file a new "Statement of Use"?
Regards,
Case Mooibroek
American HealthNet
cmooibroek@americanhealthnet.com
-----Original Message-----
From: Ecom116@USPTO.GOV [mailto:Ecom116@USPTO.GOV]
Sent: Friday, September 05, 2003 8:36 AM
To: case@americanhealthnet.com
Subject: TRADEMARK APPLICATION NO. 78113563 - CLARUS - N/A
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/113563
APPLICANT: American HealthNet Inc.
CORRESPONDENT ADDRESS:
American HealthNet Inc.
2707 North 108th Street
Omaha NE 68164
RETURN ADDRESS:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, VA 22202-3514
ecom116@uspto.gov
MARK: CLARUS
CORRESPONDENT'S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
case@americanhealthnet.com
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.
OFFICE ACTION
TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE
ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.
Serial Number 78/113563
The assigned examining attorney has reviewed the statement of use filed on
June 24, 2003 and has determined the following.
Specimen
The specimen is unacceptable as evidence of actual trademark use because it
is printed advertising matter. Invoices, announcements, order forms, bills
of lading, leaflets, brochures, publicity releases and other printed
advertising material generally are not acceptable specimens. In re Bright
of America, Inc., 205 USPQ 63 (TTAB 1979); TMEP §§904.05 and 904.07. See In
re Ultraflight Inc., 221 USPQ 903 (TTAB 1984). The applicant must submit a
specimen showing the mark as it is used in commerce. 37 C.F.R. §§2.56 and
2.88(b)(2). Examples of acceptable specimens are tags, labels, instruction
manuals, containers, and 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 prior to the expiration of the time allowed
to the applicant for filing a statement of use. 37 C.F.R. §2.59(b); TMEP
§§904.09 and 1109.09(b).
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. §2.20. 37 C.F.R.
§2.71(c); TMEP §§903.05 and 1109.09(a).
The declaration must be signed and dated by the applicant and may be in the
following form:
"The substitute specimen was in use in commerce prior to the expiration of
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
he/she is properly authorized to execute this application on behalf of the
applicant; he/she believes the applicant to be the owner of the
trademark/service mark sought to be registered, or, if the application is
being filed under 15 U.S.C. §§1051(b), 1126(d) or 1126(e), he/she believes
the applicant to be entitled to use such mark in commerce; to the best of
his/her knowledge and belief no other person, firm, corporation, or
association has the right to use the mark in commerce, either in the
identical form thereof or in such near resemblance thereto as to be likely,
when used on or in connection with the goods/services of such other person,
to cause confusion, or to cause mistake, or to deceive; and that all
statements made of his/her own knowledge are true and all statements made on
information and belief are believed to be true."
Applicant may respond to this Office action using the Office's Trademark
Electronic Application System (TEAS) at
<http://www.gov.uspto.report/teas/index.html>. When using TEAS the data the
applicant submits is directly uploaded into the Office's database, which
reduces processing time and eliminates the possibility of data entry errors
by the Office. Applicants are strongly encouraged to use TEAS to respond to
Office actions. Applicants using TEAS should not submit a duplicate paper
copy of the response.
If the applicant has any questions or needs assistance in responding to this
Office action, please telephone the assigned examining attorney.
/Karen Bracey/
Examining Attorney
Law Office 116
703-306-7914; 703-746-8116 (fax)
ecom116@uspto.gov (formal response only)
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
<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
<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.
To check the status of your application at any time, visit the Office's
Trademark Applications and Registrations Retrieval (TARR) system at
http://tarr.gov.uspto.report/ <http://tarr.gov.uspto.report/>
For general and other useful information about trademarks, you are
encouraged to visit the Office's web site at
http://www.gov.uspto.report/main/trademarks.htm
<http://www.gov.uspto.report/main/trademarks.htm>
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE
ASSIGNED EXAMINING ATTORNEY.