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11/26/13 10:26 AM

#38010 RE: satelliteguy #38008

Better do a little more research on that. When I do a trademark filing I file the logo too.

You may have submitted the "logo" or what the USPTO also refers to as the "specimen", but it's the words that are registered marks, not the logo. In fact, you could change your logo and still possess the mark, as I am sure you know.

The USPTO responded to the Medical Greens "specimen" submitted by the company in question, iEquity. It was refused because it was just a photocopy. They wanted a "use in commerce" example, and not just a "logo".


U.S. APPLICATION SERIAL NO. 85874333

MARK: MEDICAL GREENS


SPECIMEN UNACCEPTABLE – IMAGE OF THE MARK ONLY

The specimen is not acceptable because it is merely a photocopy of the drawing or a picture or rendering of the applied-for mark; it does not show the applied-for mark in actual use in commerce. See 37 C.F.R. §2.56(c); TMEP §§904.04(a), 904.07(a). Trademark Act Section 45 requires use of the mark “in the sale or advertising of services.” 15 U.S.C. §1127; see 37 C.F.R. §2.56(b)(2); TMEP §1301.04.

An application based on Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each class of services. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).

Therefore, applicant must submit the following:

(1) A substitute specimen showing the mark in use in commerce for each class of services specified in the application; and

(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 at least as early as the filing date of the application.” 37 C.F.R. §2.59(a); 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.

Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq.

If applicant cannot satisfy the above requirements, applicant may amend the application from a use in commerce basis under Section 1(a) to an intent to use basis under Section 1(b), for which no specimen is required. See TMEP §806.03(c). However, if applicant amends the basis to Section 1(b), registration will not be granted until applicant later amends the application back to use in commerce by filing an acceptable allegation of use with a proper specimen. See 15 U.S.C. §1051(c), (d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.

To amend to Section 1(b), applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “Applicant has had a bona fide intention to use the mark in commerce on or in connection with the services listed in the application as of the filing date of the application.” 37 C.F.R. §2.34(a)(2); TMEP §806.01(b); see 15 U.S.C. §1051(b); 37 C.F.R. §§2.35(b)(1), 2.193(e)(1).


http://tsdr.uspto.gov/documentviewer?caseId=sn85874333&docId=OOA20130627102539#docIndex=0&page=1

Did your "logos" get refused like iEquity's did? Or were you applying for a different kind/class of trademark?