To: | Guardsmark, LLC (trademarkdocketing@aporter.com) |
Subject: | TRADEMARK APPLICATION NO. 78343974 - MPS - 13534.006 |
Sent: | 3/7/2006 10:18:52 AM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/343974
APPLICANT: Guardsmark, LLC
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: MPS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 13534.006
CORRESPONDENT EMAIL ADDRESS: |
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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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 78/343974
The assigned trademark examining attorney has reviewed the statement of use filed on February 1, 2006, and has determined the following.
The specimen of use is unacceptable because it does not show use of the mark for any services. The specimen shows use of the mark for a good, namely, a document. Throughout the specimen MPS is referred to as a document but it does not advertise the applicant’s custom writing services. Examples of acceptable specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services. TMEP §§1301.04 et seq.
Applicant must submit (1) a substitute specimen showing the mark as it is used in commerce in the sale or advertising of the services, and (2) a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed 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. §§2.56, 2.59(b) and 2.88(b)(2); TMEP §§904.09 and 1109.09(b).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Mrs. A.D. Saunders
/Mrs. A. D. Saunders/
Trademark Attorney
LO 109
(571) 272-9349
(571) 273-9109 (formal responses only)
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.