To: | ECOTECH MARINE, LLC (uspto.filings@bw-iplaw.com) |
Subject: | U.S. Trademark Registration No. 4423186 - ECOTECH - 6414.240 |
Sent: | 09/19/19 03:02:51 PM |
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. 4423186
Mark: ECOTECH
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Correspondence Address: |
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Owner: ECOTECH MARINE, LLC
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Reference/Docket No. 6414.240
Correspondence Email Address: |
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The USPTO must receive the owner’s response to this letter within the time period specified below. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears below.
Issue date: September 19, 2019
The Sections 8 & 15 Combined Affidavit received on September 10, 2019, is otherwise acceptable; however, the owner or holder/owner of the registration must comply with an audit as explained below.
Registration Selected for Audit
The USPTO is performing random audits of US trademark registrations to assess and promote the accuracy and integrity of the trademark register. See 37 C.F.R. §§2.161(h), 7.37(h). This registration has been randomly selected for audit to determine whether the mark is in use with all of the goods and services identified in the registration.
Detailed information regarding the audit program is provided on the following webpage – http://www.gov.uspto.report/trademarks-maintaining-trademark-registration/post-registration-audit-program.
To comply with the audit, you must submit proof of use of the registered mark for two additional goods and services per class. Id. If proof of use for the goods and services identified is not available, the identified goods and services and any other goods and services not currently in use should be deleted from the registration.
Therefore, the owner or holder/owner must submit the following:
(1) Proof of current use of the registered mark in commerce for the following goods and services:
· Pump parts sold together as an integral component of pumps and pump parts, namely, tin spacer, in International Class 007,
· Cable tie and mount unit specifically adapted for aquarium pumps, in International Class 007,
· Wireless wave drivers used to mimic ocean current in an aquarium, in International Class 009,
· Wireless module adapter which enables aquarium pumps to operate in a wireless environment, in International Class 009, and
· Repair services for aquarium equipment, in International Class 037; and
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The owner or holder/owner was using the mark in commerce on or in connection with the goods and services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use, during the relevant period for filing the affidavit of use.” 37 C.F.R. §§2.161(h), 7.37(h).
Additionally, you must identify the corresponding goods and services that each individual piece of evidence of current proof of use supports. See id.
Acceptable proof of use for goods includes photographs that show the mark on the actual goods or packaging, or photographs of displays associated with the actual goods at their point of sale. A tag or label that is not shown affixed to the goods is not acceptable proof of use. Similarly, a package that does not show or identify the goods therein is not acceptable proof of use.
Acceptable proof of use for services includes signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services.
Form Declaration
Please note that the below statement verifying proof of use is slightly different than the standard substitute specimen statement.
The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the use of the mark as evidenced by the item(s) submitted as proof of use, if properly signed and dated:
The owner or holder/owner was using the mark in commerce on or in connection with the goods and services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use, during the relevant period for filing the affidavit of use.
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 this submission, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.
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Signature of Authorized Person
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Type or Print Name
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Date
WARNING: If your response to this Office action does not meet the requirements of the audit, or includes a request to delete the goods and services identified for the audit, and goods and services remain in the registration without acceptable proof of use, a second Office action will issue requiring proof of use for all remaining goods and services for which proof of use is not of record. See 37 C.F.R. §§2.161(h), 7.37(h). Therefore, the owner or holder/owner should delete all goods and services for which proof of use cannot be provided.
ADVISORY: If a response to this Office action is not filed within the response deadline above, and time remains in the grace period, the owner may avoid cancellation of its registration by filing a new affidavit of use within the grace period. 37 C.F.R. §2.163(c). Additional fees are required to file a new affidavit during the grace period. 37 C.F.R. §2.161(d)(1)-(2). For more information about this, please contact the undersigned.
How to respond. Click to file a Response to Post-Registration Office action.
Direct questions about this Office action to the Post Registration staff member below.
Yi, Crystal
/Crystal H. Yi/
Examining Attorney
Law Office 123
571.270.0763
crystal.yi@uspto.gov
RESPONSE GUIDANCE