PR-Teas-Response to Post Reg Office Act

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 07/31/2018)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 07/31/2018)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number. 3147746

FORM INFORMATION

The specimen submitted with the Section 8 Affidavit on September 26, 2016 is unacceptable because it consists of advertising material for the goods and allegedly does not show use of the registered mark on the goods or on the packaging for the goods. 

Applicant asserts that the specimen submitted on September 26, 2016 does, in fact, show use of the mark with the goods of the registration.  The Office's attention is directed to the lower left-hand corner of the specimen, which shows an image of a computer screen shot having the AVIATIONSIMNET mark in the upper right-hand corner thereof. 

Notwithstanding the above, Applicant also submits that attached substitute specimens to remove the objection to the specimen.  The substitute specimens are pages from Integration and Specification manuals bearing the AVIATIONSIMNET mark. These specimens were in use in commerce during the relevant period for filing the 10-year Section 8 Affidavit.  Acceptance and entry of these substitute specimens, and acceptance of the Section 8 Affidavit is believed to be proper and is respectfully requested.

FORM FILE NAME(S)

Original PDF file:
AVIATIONSIMNET_Substitute_Specimens_201755114555552.pdf
Converted PDF file(s) (8 pages)
Attachments-1
Attachments-2
Attachments-3
Attachments-4
Attachments-5
Attachments-6
Attachments-7
Attachments-8 The substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71, as appropriate.

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above 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.

Signature: /Tracy Durkin/      Date: 06/05/2017
Signatory's Name: Tracy-Gene G. Durkin
Signatory's Position: Attorney of Record, Washington, DC Bar Member
Signatory's Phone Number: (202) 371-2600

Submission Signature
Signature: /Tracy Durkin/     Date: 06/05/2017
Signatory's Name: Tracy-Gene G. Durkin
Signatory's Position: Attorney of Record, Washington, DC bar member
Signatory's Phone Number: (202) 371-2600

        
Serial Number: 78585371
Internet Transmission Date: Mon Jun 05 16:34:06 EDT 2017
TEAS Stamp: USPTO/TRS-XX.XXX.XX.XXX-2017060516340649
1850-3147746-20170605113656797959-N/A-N/
A-20170605113656797959