To: | Sharp, Robbins & Popwell, LLC (araines@drmlawmemphis.com) |
Subject: | U.S. Trademark Application Serial No. 88218402 - SRPCONTRACTORS.COM - 191052.0050 |
Sent: | August 16, 2019 06:32:18 PM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88218402
Mark: SRPCONTRACTORS.COM
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Correspondence Address: |
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Applicant: Sharp, Robbins & Popwell, LLC
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Reference/Docket No. 191052.0050
Correspondence Email Address: |
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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: August 16, 2019
The assigned trademark examining attorney has reviewed the statement of use and has determined the following. The manner in which the specimen is used in commerce must be set forth in the record.
Requests for Information
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of services identified in the statement of use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a); 1301.01 et seq. “Use in commerce” means (1) a bona fide use of the applied-for mark in the ordinary course of trade (and not merely to reserve a right in the mark), (2) the mark is used in the sale, advertising, or rendering of the services, and (3) the services are actually rendered in commerce. See 15 U.S.C. §1127.
In this case, the specimen appears to be a computer image of an advertisement and therefore it is not clear nor is there an explanation as to how and where the advertisement is used in commerce.
Additional information/documentation required. To permit proper examination of the application record for compliance with use in commerce requirements, applicant must respond to the following requests for information. See 37 C.F.R. §2.61(b); TMEP §814. Answer for each specimen/photograph/image provided. For each webpage submission, either as a specimen or as supporting evidence, provide a digital copy of the entire webpage from top to bottom, as rendered in an Internet browser, that includes the URL and access or print date, to permit proper and complete examination of this application and an accurate record of the entirety of the webpage submission.
(1) Where is the flyer specimen distributed?
(2) How do individuals view the specimen?
(3) If the specimen is provided on-line, applicant must provide the URL for the website and a digital copy of relevant webpage of how the specimen is displayed.
Response option. Applicant may respond to the refusal by submitting a different specimen (a “verified substitute specimen”) that (a) was in actual use in commerce prior to the expiration of the deadline for filing the statement of use and (b) shows the mark in actual use in commerce for the services identified in the statement of 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 prior to expiration of the filing deadline for a statement of use.” The substitute specimen cannot be accepted without this statement. Applicant, however, may not withdraw the statement of use. See 37 C.F.R. §2.88(f); TMEP §1109.17. For instructions on how to submit a different specimen online using the Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
Applicant may not withdraw the statement of use. See 37 C.F.R. §2.88(f); TMEP §1109.17.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
How to respond. Click to file a response to this nonfinal Office action
/Christopher Buongiorno/
Attorney
Law Office 102
(571) 272-9251
christopher.buongiorno@uspto.gov
RESPONSE GUIDANCE