UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/710365
MARK: O&P EXTREMITY GAMES
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: College Park Industries, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
Responsive to the SOU filed June 22, 2007.
The specimens are acceptable for Class 41.
The mark depicted on the specimen disagrees with the mark on the drawing. In this case, the specimen displays the mark with the flaming figure to the upper right and the letters O & P to the left of the wording, while the drawing shows the mark with the figure to the left of the letters O & P above the wording. In addition, the mark appears in a vacuum rather than closely associated with the goods for Classes 18 and 25.
The mark shown on the drawing must be a substantially exact representation of the mark as used on or in connection with the goods, as shown by the specimen. 37 C.F.R. §2.51(b); see C.F.R. §2.72(a)(1). However, applicant may not amend the drawing to conform to the display on the specimen because the essence or character of the mark would be materially altered; in other words, the mark on the specimen creates a different commercial impression from the mark on the drawing. 37 C.F.R. §2.72(b); TMEP §§807.14 et seq.
Therefore, applicant must submit the following:
(1) A substitute specimen showing the mark that appears on the drawing; 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 prior to the expiration of the time allowed applicant for filing a statement of use.” 37 C.F.R. §2.59(b)(2); TMEP §904.09. If submitting a specimen requires an amendment to the dates of use, applicant must also verify the amended dates. 37 C.F.R. §2.71(c).
Applicant may not withdraw the statement of use. 37 C.F.R. §2.88(g); TMEP §1109.17.
If applicant should fail to respond to this Office action within the six month time limit, then Classes 18 and 25 will be deleted from the application and the application will proceed forward for Class 41 only. 37 C.F.R. §2.65(a).
/Hannah M. Fisher/
Trademark Examining Attorney
Law Office 111
Phone: (571) 272-9160
Fax: (571) 272-9111
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.