To: | MAGOTTEAUX INTERNATIONAL S.A. (rockmail@reinhartlaw.com) |
Subject: | TRADEMARK REGISTRATION NO. 4259810 - NEOX - 509313 |
Sent: | 10/31/18 11:36:05 AM |
Sent As: | PRG@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION
U.S. REGISTRATION NO. 4259810
OWNER: MAGOTTEAUX INTERNATIONAL S.A.
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CORRESPONDENT’S ADDRESS: |
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MARK: NEOX
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CORRESPONDENT’S REFERENCE/DOCKET NO. 509313
CORRESPONDENT’S EMAIL ADDRESS: |
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CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER AND SELECT FORM NUMBER 11:
http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp
ISSUE/MAILING DATE: 10/31/2018
U.S. Registration Number 4259810
The Sections 71 & 15 Combined Affidavit was received on October 11, 2018. The Section 15 portion of the Combined Affidavit can be acknowledged. However, the Section 71 portion is not accepted for the reason(s) set forth below.
SPECIMEN ISSUE:
In this case, the specimen submitted with the Section 71 Affidavit shows the mark in the color(s) Black and red. However, the registration shows the mark in the color(s) blue and red.
Therefore, the holder/owner must submit the following:
(1) A substitute specimen showing current use of the registered mark in commerce for each class of goods and/or services specified in the registration; 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 during the relevant period for filing the 6-year Section 71.” 37 C.F.R. §7.37(g).
Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq.
The holder/owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 6-year Section 71.
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the holder/owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
__________________________
Signature of Authorized Person
__________________________
Type or Print Name
__________________________
Date
DEFICIENCY SURCHARGE INFORMATION: If the response to this Office action is received by the Office after date of 6th year anniversary, a $100 deficiency surcharge must be submitted if the response is submitted online using the Trademark Electronic Application System (“TEAS”) and a $200 deficiency surcharge must be submitted if the response is submitted on paper. 37 C.F.R. §§7.6, 7.39(c)(1). (Note: This only applies when the response time deadline above falls after the 6th year anniversary date.)
ADVISORY: If a response to this Office action is not filed within the response deadline above, and time remains in the grace period, the holder/owner may avoid cancellation of its registration by filing a new affidavit of use within the grace period. 37 C.F.R. §7.39(b). Additional fees are required to file a new affidavit during the grace period. 37 C.F.R. §7.37(d)(1)-(2). For more information about this, please contact the undersigned.
/stakhar/
Surinderpal Takhar
Trademark Specialist
Post Registration Unit
Surinder.Takhar@Uspto.gov
Phone - (571) 272-9512
Fax - (571) 273-9512
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned specialist. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this registration will be placed in the official registration record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual owner or someone with legal authority to bind an owner (i.e., a corporate officer, a general partner, all joint owners). If an owner is represented by an attorney, the attorney must sign the response.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.