To: | UMAX Strength Inc. (jflee@ipfirm.us) |
Subject: | U.S. Trademark Registration No. 4771842 - UMAX - 62593.31 |
Sent: | 10/23/20 03:50:44 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. 4771842
Mark: UMAX
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Correspondence Address: |
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Owner: UMAX Strength Inc.
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Reference/Docket No. 62593.31
Correspondence Email Address: |
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OFFICE ACTION
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: October 23, 2020
Your response to the outstanding Office action regarding the Sections 8 & 15 Combined Affidavit was timely received on October 22, 2020.
Requirements for Audit Not Satisfied
As part of the audit to assess and promote the accuracy and integrity of the trademark register as to the actual use of the mark with the goods and/or services identified in the registration, the owner/holder of the registration was required to submit proof of use for two additional goods and/or services per class. 37 C.F.R. §§2.161(h), 7.37(h). Although the owner/holder submitted a response to the Office action, the owner/holder included a request to delete some or all of the goods and/or services inquired about as part of the audit.
Specifically, you have established acceptable proof of use for: physical fitness equipment, namely, dumbbells and exercise weight plates.
However, acceptable proof has not been established for the other audited goods and/or services.
The proof of use provided is unacceptable because none was provided for the goods remaining in the registration.
As the owner/holder has not satisfied the requirements of the audit, the owner/holder must verify the accuracy of the claim of use in the affidavit of use by providing proof of use for all the remaining goods and/or services in the registration without acceptable proof of use. Id.
Therefore, the owner/holder must submit the following:
(1) Proof of current use of the registered mark in commerce for the following goods and/or services:
Physical fitness equipment, namely, barbells and kettle bells in International Class 028; and
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The owner/holder 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 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/or services supported by each item submitted as proof of use. See id.
Examples of proof of use. Electronic proof of use may be an actual image, such as a photograph, scanned copy, or screen capture, of the physical item. Acceptable proof of use for goods includes the mark shown on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Tags or labels must be shown affixed to the goods or must consist of actual tags or labels that identify the specific goods on which they are used and include informational matter that typically appears on a tag or label in use in commerce for these types of goods. Similarly, a package must show or identify the goods therein. A webpage specimen submitted as a display associated with the goods must show the mark in association with a picture or textual description of the goods and include information necessary for ordering the goods. 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.
Any webpage printout or screenshot submitted as a specimen, whether for goods or services, must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
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 submitted item(s) showing proof of use, if properly signed and dated:
The owner/holder 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 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.
__________________________
Signature of Authorized Person
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Type or Print Name
__________________________
Date
WARNING: If the owner/holder responds with unacceptable proof of use for any goods and/or services queried, the Office will delete these goods and/or services from 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.
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.
Wilson, James (TM)
/James Wilson/
Trademark Program Analyst
Post Registration Divsion (on work project)
Office 571.272.9702
RESPONSE GUIDANCE