To: | Alta Supply and Packaging (tmmail@bjtlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88350273 - ASAP - 19-016-B |
Sent: | July 14, 2020 11:11:44 AM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88350273
Mark: ASAP
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Correspondence Address: BELASCO JACOBS & TOWNSLEY, LLP 6701 CENTER DRIVE WEST, 14TH FLOOR
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Applicant: Alta Supply and Packaging
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Reference/Docket No. 19-016-B
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: July 14, 2020
SPECIMEN UNACCEPTABLE
Specifically, the specimen consisting of a label on cardboard packaging does not clearly show the mark on packaging or the goods for International Classes 3, 5, 16 and 21. First, the nature of the goods in the cardboard box is unclear. Second, the item number stated on the cardboard box is the same for all the specimens for each class [Item #48091 EXTRA HEAVY PLAIN WHITE TSACK] despite the fact that the goods are different. Third, a label on cardboard packaging does not necessarily serve as a source indicator for the goods as opposed to a service mark for distributorship or wholesale store services featuring the goods of third parties.
Examples of specimens. Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual container, packaging, tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly associated with the goods. See 37 C.F.R. §2.56(b)(1), (c); TMEP §904.03(a)-(m). 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. TMEP §904.03(i); see 37 C.F.R. §2.56(b)(1), (c). Any webpage printout or screenshot submitted as a specimen 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 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.
CLOSING
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.
/Douglas M. Lee/
Trademark Examining Attorney
Law Office 113
U.S. Patent and Trademark Office
571-272-9343
douglas.lee4@uspto.gov
RESPONSE GUIDANCE