Over 40% of the i/o are non-restricted. Over a hal
Post# of 7795
BTW....in about 5 weeks the priority action needs to be addressed or the trademark application will be dead. They need to address specifically why they claimed first use in commerce of Tinkerbell 2.0 back last May. The paid promos revealed it wasn't available then, so how could it be used in commerce?
Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods identified in the application or amendment to allege 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 at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required. This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.
http://tsdr.uspto.gov/documentviewer?caseId=s...amp;page=1