Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

INTENT-TO-USE OFFICE ACTION

ISSUE/MAILING DATE: 8/20/2013

U.S. Serial Number  85689953

The statement of use filed on July 19, 2013 does not meet the minimum filing requirements and is not accepted for the reason(s) set forth below.  Since the time period for filing a statement of use expired on August 19, 2013, the above-identified APPLICATION IS ABANDONED.  37 C.F.R. §2.88. 

STATEMENT OF USE IS DEFICIENT AS FOLLOWS:

·       No Specimen submitted

APPLICANT’S OPTIONS:  Applicant has the option to (1) file a petition to revive this application under 37 C.F.R. §2.66 before expiration of the two month period after the issuance date of the notice of abandonment (the notice of abandonment will issue shortly after this Office action) or (2) file a new application.  Please view the online information sheet at http://www.gov.uspto.report/teas/petinfo.htm for information about petitions to revive.  Applicant is encouraged to file a petition to revive online using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html. 

NO SPECIMEN SUBMITTED:  The required specimen showing use of the proposed mark in commerce for the goods and/or services identified in the notice of allowance was not submitted with the statement of use.  A specimen showing use of the mark in commerce is one of the minimum filing requirements for a statement of use.  15 U.S.C. §1051(d); 37 C.F.R. §2.88(e)(2); TMEP §§1109.06, 1109.09(b). 

Only if there is time remaining in the statutory period for filing the statement of use can an applicant submit a specimen for the statement of use.  The specimen must be accompanied by a statement that “the specimen was in use in commerce before expiration of the deadline for filing the statement of use,” and this statement must be properly verified by an affidavit or declaration under 37 C.F.R. §2.20, and personally signed by applicant or a person authorized to sign on behalf of applicant.

Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale.  TMEP §904.  Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services.  See TMEP §§1301.04 et seq.

SAMPLE DECLARATION TO ACCOMPANY A SPECIMEN(S):  The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified specimen, personally signed and dated by applicant or a person authorized to sign on behalf of applicant under 37 C.F.R. §2.193(e)(1):

The specimen was in use in commerce before expiration of the deadline for filing the statement of use; 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 this document, declares that s/he is properly authorized to execute this document on behalf of the applicant; and 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/Type Name and Position

______________________________

Date

There is no time remaining in the statutory time period for filing a statement of use.  Therefore the APPLICATION IS ABANDONED. 

Please call the undersigned with any questions.

/Lori Hodges/

Lori Hodges

ITU/Divisional Unit

Paralegal Specialist

571 272-9341

Fax 571 273-9341

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Intent-to-Use (ITU)/Divisional Unit Office action form number 8 at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

WHO MUST SIGN THE RESPONSE:  It must be personally signed by (1) an individual applicant; (2) someone with legal authority to bind applicant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent applicant.  If an applicant is represented by an attorney, the attorney must sign the response.

TEAS PLUS APPLICATION:  To maintain the reduced fee status, TEAS Plus applicant must respond online via TEAS.  Otherwise, applicant is subject to an additional $50 fee for each class.  37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(1)(i).

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/.  Please keep a copy of the complete status screen.  If TSDR shows no change for more than six months, call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.