Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86073986 ACHIEVE(Standard Characters, see http://uspto.report/TM/86073986/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

 

In response to the Office Action, applicant hereby submits a substitute specimen for the mark ACHIEVE.  The applicant hereby confirms that the specimen was in actual use in commerce prior to the expiration of the deadline for filing the statement of use.  In addition, the specimen clearly shows the applied-for mark which was in use in commerce for the Class 01 goods identified in applicant's Statement of Use. 

 

The applicant hereby requests that the Examiner accepts the alternative specimen so that the application may proceed to registration.

EVIDENCE
Evidence in the nature of The specimen is a copy of an invoice which shows the mark. Applicant submits that, in accordance with Section 904.03(k) of the Trademark Manual of Examining Procedure, the USPTO may accept other documents related to the goods or the sale of the goods when it is impracticable to place the mark on the goods, packaging, or displays associated with the goods. See also, 15 U.S.C. §1127 (definition of "use in commerce"); 37 C.F.R. §2.56(b)(1). For example, it is impracticable to place the mark on the goods or packaging for the goods if the goods are sold in bulk such as chemicals that are transported only in tanker cars. In such instances, an acceptable specimen may be an invoice that shows the mark for the goods. has been attached.
Original PDF file:
evi_1-121591694-20150330114100598155_._Specimen_Achieve_Invoice.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

SIGNATURE(S)
Response Signature
Signature: /charles.a.cross/     Date: 04/09/2015
Signatory's Name: Charles Cross
Signatory's Position: Assistant General Counsel-Intellectual Property

Signatory's Phone Number: (410) 531-4518

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 86073986
Internet Transmission Date: Thu Apr 09 11:25:11 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20150409112511953
154-86073986-530912e6acc3cf769a372c47abc
cf9efbabb3eee9725dce2154f6886703c35-N/A-
N/A-20150330114100598155