To: | Richard S. Burns & Company Inc. (jacobsh@ballardspahr.com) |
Subject: | U.S. Trademark Application Serial No. 88242712 - B TOMMY - 00192762 |
Sent: | March 10, 2020 11:40:39 AM |
Sent As: | ecom122@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88242712
Mark: B TOMMY
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Correspondence Address: |
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Applicant: Richard S. Burns & Company Inc.
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Reference/Docket No. 00192762
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: March 10, 2020
The statement of use has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SUMMARY OF ISSUES:
· Partial Refusal – Specimens (International Classes 39 and 40)
· Advisory – Partial Abandonment
PARTIAL REFUSAL – SPECIMENS
THIS PARTIAL REFUSAL APPLIES TO CLASSES 39 AND 40 ONLY
Specifically, the specimens consist of webpages from applicant’s website showing the applied-for mark used in connection with applicant’s goods and not the identified services in the application.
Examples of specimens. 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 option. Applicant may respond to this refusal by submitting, for each applicable international class, 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 goods and/or 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 filing a statement of use.” The substitute specimen cannot be accepted without this statement.
Applicant may not withdraw the statement of use. See 37 C.F.R. §2.88(f); TMEP §1109.17.
For an overview of this response option and instructions on how to submit a different specimen using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
ADVISORY – PARTIAL ABANDONMENT
If applicant does not respond to this Office action within the six-month period for response, International Classes 39 and 40 will be deleted from the application. The application will then proceed with International Class 6 only. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
ASSISTANCE
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
Calloway, Christina
/Christina Calloway/
Examining Attorney
Law Office 122
571-272-7342
christina.calloway@uspto.gov
RESPONSE GUIDANCE