To: | Raynor Mfg, Co. (bwptotm@bannerwitcoff.com) |
Subject: | TRADEMARK REGISTRATION NO. 2882937 - RAYNOR - 11261.00084 |
Sent: | 09/20/14 02:56:04 PM |
Sent As: | PRG@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION
U.S. REGISTRATION NO. 2882937
REGISTRANT: Raynor Mfg, Co.
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CORRESPONDENT’S ADDRESS: |
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MARK: RAYNOR
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CORRESPONDENT’S REFERENCE/DOCKET NO. 11261.00084
CORRESPONDENT’S EMAIL ADDRESS: |
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CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER:
http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp
ISSUE/MAILING DATE: 9/20/2014
U.S. Registration Number 2882937
The Combined Section 8 Affidavit & Section 9 Renewal Application was received on September 5, 2014. The Section 9 portion of the combined filing can be granted. However, the Section 8 portion is not accepted for the reason(s) set forth below.
A specimen for a service mark must show use of the mark “in the sale or advertising of services.” See Trademark Act Section 45, 15 U.S.C. §1127; 37 C.F.R. §2.56(b)(2). Specimens for service marks must show an association between the mark and the services identified in the registration. In re Adair, 45 USPQ2d 1211, 1215 (TTAB 1997). If the specimen does not show the mark with reference to, or association with, the services, the specimen fails to show service mark usage. See In re DSM Pharms., Inc., 87 USPQ2d 1623, 1625-26 (TTAB 2008).
Therefore, the owner must submit the following:
(1) A substitute specimen showing current use of the registered mark in commerce for each class of services specified in the registration; and
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The substitute specimen was in use in commerce during the relevant period for filing the 10-year Section 8.” 37 C.F.R. §2.161(g); TMEP §1604.12(c).
Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq.
The owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 10-year Section 8, that is, within the one year before the end of a 10-year period after the date of registration, or during the ensuing grace period.
Renewal of the registration is requested.
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 statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
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Signature of Authorized Person
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Type or Print Name
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Date
(1) A person with legal authority to bind the owner;
(2) A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; and
(3) An attorney as defined in 37 C.F.R. §11.1 who has actual or implied written or verbal power of attorney from the owner.
37 C.F.R. §2.161(b); TMEP §§804.04 and 1604.08(a).
RESPONSE TIME DEADLINE: A complete response must be received within 6 months from the issuance date of this Office action. The owner must respond to all inquiries set forth in this Office action to avoid cancellation and/or expiration of the registration. 37 C.F.R. §§2.163(b)-(c) and 2.184(b); TMEP §§1604.16, 1606.12 and 1606.13(a).
DEFICIENCY SURCHARGE REQUIRED: The owner must submit a $100 deficiency surcharge with its response to this Office action. 37 C.F.R. §§2.6, 2.164(a)(1) and 2.185(a)(1).
Tamika Whitsey
TM Specialist
571-272-4321 (work)
571-273-4321 (fax)
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration. For technical assistance with online forms, e-mail TEAS@uspto.gov.
WHO MUST SIGN THE RESPONSE: It must be personally signed by (1) the individual owner; (2) someone with legal authority to bind the owner (e.g., a corporate officer or general partner); or (3) an authorized attorney, if one is appointed to represent the owner. If the owner is represented by an attorney, the attorney must sign the response.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.