To: | UHS of Delaware, Inc. (Charles.Smouse@uhsinc.com) |
Subject: | U.S. Trademark Application Serial No. 88290582 - NORTHERN NEVADA HEALTH SYSTEM - N/A |
Sent: | March 18, 2020 03:55:58 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88290582
Mark: NORTHERN NEVADA HEALTH SYSTEM
|
|
Correspondence Address:
|
|
Applicant: UHS of Delaware, Inc.
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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 18, 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.
The use or display of a mark in the sale or advertising of goods and/or services before the goods are actually created or provided or the services rendered does not show use in commerce. See Couture v. Playdom, Inc., 778 F.3d 1379, 1380-82, 113 USPQ2d 2042, 2043-44 (Fed. Cir. 2015); In re Cedar Point, Inc., 220 USPQ 533 (TTAB 1983); TMEP §§904, 1301.03(a).
If applicant’s goods were being sold or transported or the services were being rendered in commerce before expiration of the deadline for filing a statement of use, applicant must submit the following:
(1) A substitute specimen showing the applied-for mark in use in commerce for the goods and/or services specified in the statement of use.
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The substitute specimen was in use in commerce before the expiration of the deadline for filing the statement of use.” 37 C.F.R. §2.59(b)(2); TMEP §904.05; see 37 C.F.R. §2.193(e)(1). If submitting a substitute specimen requires an amendment to the dates of use, applicant must also verify the amended dates. 37 C.F.R. §2.71(c); TMEP §904.05.
If applicant did not use the applied-for mark in commerce within the time permitted for filing a statement of use, the application will be abandoned. See 37 C.F.R. §2.88(k); TMEP §1109.16(a).
How to respond. Click to file a response to this nonfinal Office action.
/Patty Evanko/
Patty Evanko
Examining Attorney
Law Office 119
571-272-9404
patty.evanko@uspto.com (informal questions only)
RESPONSE GUIDANCE