To: | Pinkerton Tobacco Co. LP (jaimison.schellenger@smna.com) |
Subject: | TRADEMARK APPLICATION NO. 78646282 - NEVER COMPROMISE - N/A |
Sent: | 1/6/2006 8:10:31 PM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/646282
APPLICANT: Pinkerton Tobacco Co. LP
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: NEVER COMPROMISE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 78/646282
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The specimen is a photograph that is used in association with the goods at the point of sale. The applicant must submit a clear photograph showing how the specimen is displayed. 37 C.F.R. §2.61(b). See In re Ancha Electronics Inc., 1 USPQ2d 1318 (TTAB 1986); TMEP §§904 and 904.06.
If the specimen differs from the specimen originally submitted, 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 at least as early as the filing date of the application. 37 C.F.R. §2.59(a); TMEP §904.09.
Applicant must submit a statement that “the substitute specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(a); TMEP §904.09.
The following is a sample declaration under 37 C.F.R. §2.20 with a supporting statement for a substitute specimen:
The undersigned 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 or document or any registration resulting there from, declares that the substitute specimen was in use in commerce at least as early as the filing date of the application; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
REQUIREMENT WHEN THE APPLICANT ENTITY IS A PARTNERSHIP
The applicant has identified the entity to be that of a partnership. However, the applicant failed to identify the citizenship of the general partners. If that is correct, then please note the following requirements with respect to partnerships.
If the applicant is a partnership, the applicant must amend the preamble of the application to read as follows: " , a partnership organized under the laws of , composed of _____________." " The applicant must list all general partners and their national citizenship or the state or country of their organization or incorporation, as appropriate. 37 C.F.R. Section 2.33(a)(1)(ii); TMEP section 802.03(b).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone or e-mail the assigned examining attorney.
Florentina Blandu, Esq.
/FBLANDU/
l.o.112
tel. (571) 272-9128
fax (571) 273-9128
e-mail florentina.blandu@uspto.gov (for informal communications)
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.