To: | Society of Corporate Compliance and Ethi ETC. (kandresen@nilanjohnson.com) |
Subject: | U.S. Trademark Application Serial No. 88216610 - REPORT ON SUPPLY CHAIN COMPLIANCE - 50508-0019 |
Sent: | June 03, 2020 01:43:59 PM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88216610
Mark: REPORT ON SUPPLY CHAIN COMPLIANCE
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Correspondence Address: 120 SOUTH SIXTH STREET, SUITE 400
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Applicant: Society of Corporate Compliance and Ethi ETC.
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Reference/Docket No. 50508-0019
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: June 03, 2020
This Office Action is in response to applicant’s communication filed on 05/05/2020 and 04/08/2020.
The specimens in the Amendment to Allege Use are acceptable for Classes 009 and 041.
The application is amended to seek registration of the mark on the Supplemental Register
Applicant must respond to the following new issue(s), discussed below:
If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services will be deleted from the application:
038: Providing on-line electronic bulletin boards for transmission of messages among users concerning regulatory compliance
The application will then proceed with the remaining goods and/or services only. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
SPECIMEN ISSUE – CLASS 038 ONLY
Registration is refused because the specimen does not show the applied-for mark in use in commerce in connection with any of the services specified in Class 038. 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Specifically, the applied for mark REPORT ON SUPPLY CHAIN COMPLIANCE does not appear anywhere in the specimen designated for the Class 038 services.
Specimens for services must show a direct association between the mark and the services and include: (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services. See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C).
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).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods and/or services identified in the application or amendment to allege use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements, including a specimen.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
If applicant experiences difficulty in submitting the required substitute specimen, supporting statement and/or declaration, or changing the filing basis, please e-mail TEAS@uspto.gov for technical assistance regarding the TEAS response form.
Pending receipt of a proper response, registration is refused because the specimen does not show the applied-for mark in use in commerce as a trademark. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
How to respond. Click to file a response to this nonfinal Office action.
/Hsu, Fong/
Trademark Examining Attorney
Law Office 117
U.S. Patent & Trademark Office
Office: (571) 272-2001
Fax: (571) 272-2002
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RESPONSE GUIDANCE