UNITED STATES PATENT AND TRADEMARK OFFICE
`
`SERIAL NO: 76/083051
`
`APPLICANT: MATSUSHITA ELECTRIC CORPORATION OF AMERI ETC.
`
`CORRESPONDENT ADDRESS:
`MORTON AMSTER
`AMSTER ROTHSTEIN & EBENSTEIN
`90 PARK AVE
`NEW YORK NY 10016
`
`MARK:
`
`IPALM
`
`RETURN ADDRESS:
`Commissioner lor'1'raderr1arks
`290.0 CT3’3‘a1Dfi"°
`Arlington, VA 22202-3513
`ecom103@uspto.gov
`
`CORRESPONDENT’S REFERENCE/DOCKET NO: 55210/388
`
`P13aS3Pr°V'ideW‘11°°”*SP°11d511°“=
`
`N/A
`
`1. Filing date, serial number, mark and
`applicant's name.
`. Date ofthis Office Action.
`. Examining Attorney's name and
`Law Office number.
`. Your telephone number and e—mail
`address.
`
`OFFICE ACTION
`
`TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS
`OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E—MAILING DATE.
`
`RE: Serial Number 76/083051
`
`The assigned examining attorney has reviewed the statement of use filed on August 14, 2002 and
`has determined the following.
`
`Specimens Differ from Drawing
`The drawing displays the mark as iPALM,
`in a Times New Roman font with uppercase and
`lowercase letters, which the office interprets as a special form drawing. The applicant confirmed in
`a telephone conversation on June 18, 2001 that it desired a special form drawing rather than a typed
`drawing. However, this drawing differs from the display of the mark on the specimen, where it
`appears as ipalm in all
`lowercase letters and in a different font with a design element. The
`applicant cannot amend the drawing to conform to the special form mark shown on the specimen
`because the character of the mark would be materially altered. 37 C.F.R. Section 2.72(b); TMEP
`section 807. l4(a). However, the applicant can amend to a typed drawing, e. g. IPALM.
`
`Alternatively, the applicant may submit a substitute specimen that shows use of the mark as it
`appears on the drawing. 37 C.F.R. Section 2.51; TMEP section 807.14. The applicant must verify,
`with an affidavit or a declaration under 37 C.F.R. Section 2.20, that the substitute specimen was in
`use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of
`
`

`
`If an amendment of the
`37 C.F.R. Sections 2.59(b) and 2.72(b); TMEP section 905.10.
`use.
`dates—of—use clause is necessary in order to state the correct dates of first use, the applicant must
`verify the amendment with an affidavit or a declaration in accordance with 37 CFR. Section 2.20.
`37 CFR. Section 2.7l(d)(l); TMEP section 904.05.
`
`The statement supporting use ofthe substitute specimen must read as follows:
`
`The substitute specimen was in use in commerce prior to the expiration of the time allowed
`to the applicant for filing a statement of use.
`
`The following is a properly worded declaration under 37 CF .R. Section 2.20. At the end of the
`response, the applicant should insert the declaration signed by someone authorized to sign under
`37 C.F.R. Section 2.33(a).
`
`The undersigned, being hereby warned that willful false statements and the like so made are
`punishable by fine or imprisonment, or both, under l8 U.S.C. 1001, and that such willful false
`statements may jeopardize the validity of the application or any resulting registration, declares that
`the facts set forth in this application are true; all statements made of his/her own knowledge are
`true; and all statements made on information and belief are believed to be true.
`
`(Signature)
`
`(Print or Type Name and Position)
`
`/James T. Griff1n/
`
`Examining Attorney, Law Office 103
`703-308-9103, eXt. 126 (Voice)
`703-746-8103 (faxed responses)
`ecoml03 @uspto. gov (emailed responses)
`
`How to respond to this Office Action:
`
`To respond formally using the Off1ce’s Trademark Electronic Application System (TEAS), Visit
`http://www.uspto.gov/teas/index.html and follow the instructions.
`
`To respond formally Via E-mail, Visit http://www.uspto.gov/web/trademarks/tmelecresQ.htm
`and follow the instructions.
`
`

`
`To respond formally Via regular mail, your response should be sent to the mailing Return Address
`listed above and include the serial number, law office and examining attorney’s name on the upper
`right corner ofeach page of your response.
`
`To check the status of your application at any time, visit the 0ffice’s Trademark Applications and
`Registrations Retrieval (TARR) system at http://tarr.uspto.g0v/
`
`For general and other usefiil information about trademarks, you are encouraged to visit the Office’s
`web site at http://www.uspt0.gov/main/trademarks.htm
`
`FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT
`THE ASSIGNED EXAMIN IN G ATTORNEY.