To: | Weisman, David (dcweisman@gmail.com) |
Subject: | U.S. Trademark Registration No. 90302754 - COGMINDER - N/A |
Sent: | 08/17/21 12:28:38 PM |
Sent As: | ecomitu@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
U.S. Application Serial No. 90302754
Mark: COGMINDER
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Correspondence Address: |
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Applicant: Weisman, David
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Reference/Docket No. N/A
Correspondence Email Address: |
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NOTICE THAT STATEMENT OF USE (SOU)
IS INCOMPLETE
Response Required
The USPTO must receive applicant’s response to this notice within 30 days of the issue date below or the SOU will be denied, and the application may be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears below.
Issue date: August 17, 2021
NO SPECIMEN SUBMITTED: The required specimen showing use of the proposed mark in commerce for the goods and/or services and/or collective membership organization identified in the notice of allowance was not submitted with the statement of use. A specimen showing use of the mark in commerce is one of the minimum filing requirements for a statement of use. 15 U.S.C. §1051(d); 37 C.F.R. §2.88(c)(2); TMEP §§1109.06, 1109.09(b).
Only if there is time remaining in the statutory period for filing the statement of use can an applicant submit a specimen for the statement of use. The specimen must be accompanied by a statement that “the specimen was in use in commerce before expiration of the deadline for filing the statement of use,” and this statement must be properly verified by an affidavit or declaration under 37 C.F.R. §2.20, and personally signed by applicant or a person authorized to sign on behalf of applicant.
Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §904. Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services. See TMEP §§1301.04 et seq. Examples of specimens for collective membership organization are membership cards or certificates, decals, wall plaques, garment patches, flags, pennants, banners, business stationery, clothing, and any other item used by a member to indicate membership in applicant’s organization. See TMEP §1304.02(a)(i)(C).
SAMPLE DECLARATION TO ACCOMPANY A SPECIMEN(S): The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified specimen, personally signed and dated by applicant or a person authorized to sign on behalf of applicant under 37 C.F.R. §2.193(e)(1):
The specimen was in use in commerce before expiration of the deadline for filing the statement of use. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
______________________________
Signature
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Print/Type Name and Position
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Date
How to respond. Click to file a Response to Intent-to-Use (ITU)/Divisional Unit Office action.
Direct questions about this notice to the Intent-to-use staff member below.
/Sykes, Jeffery/
Paralegal Specialist
ITU/ Divisional Unit
(571) 272-4313 Office
jeffery.sykes@uspto.gov
RESPONSE GUIDANCE