Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  78/176946

 

This Office Action is written in response to the applicant’s Statement of Use filed on June 17, 2004.

 

INFORMALITY

 

The applicant must respond to the following informality within six months or the application will be abandoned:

 

Drawing Does Not Match Specimens

 

The mark as depicted on the drawing disagrees with the mark as it appears on the specimen, and clarification is required.  Applicant must submit a substitute specimen that shows use of the mark as it appears on the drawing and include a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed to applicant for filing a statement of use,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §§2.51, 2.59(b) and 2.72(b); TMEP §§807.14 and 904.09

 

In the present case, the drawing displays the mark as ELATION, and the specimens show the mark as ELATION W/PYRAMID and ELATION W/TUBE.  Applicant may not amend the drawing to conform to the display on the specimens because the essence or character of the mark would be materially altered, i.e., the mark on the specimens create a different commercial impression from the mark on the drawing.  37 C.F.R. §2.72(b); TMEP §§807.14, 807.14(a) and 807.14(a)(i).  In addition, applicant may not withdraw the statement of use.  37 CFR §2.88(g).

 

NOTICE:  TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER  2004

 

The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.

 

My Law Office will move on October 18, 2004.  To reach me by phone after that date call (571) 272-9133.

 

Applicant’s Response

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  Additional information is available on-line at the Patent and Trademark Office site on the global computer network.  The site is located at WWW.USPTO.GOV.

 

/wgb/

William Breckenfeld

Trademark Attorney

Law Office 116

703-308-9113 x158 (calls forwarded)

631-329-0175

703-746-8116 Fax

 

 

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 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/

 

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

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.