Trader mark Action for

i wanted to make sure i do the right thing - so i'm asking what is require of me to complete the trademark per-the action below. thank you anthony miner.

OFFICE ACTION
TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.



ISSUE/MAILING DATE: 12/19/2008





The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.



Search



The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.



No Filing Basis Claimed



Applicant has not specified a filing basis for the application. An application must specify and meet the requirements of at least one filing basis. 37 C.F.R. §2.32(a)(5); TMEP §806.



An application may be filed based on any of the following:



(1) Use of the mark in commerce under Trademark Act Section 1(a);



(2) A bona fide intention to use the mark in commerce under Section 1(b)



(3) A claim of priority, based on a foreign application filed within six months of the filing date of the U.S. application, under Section 44(d); and/or



(4) A foreign registration of a mark in applicant’s country of origin under Section 44(e).



15 U.S.C. §§1051(a)-(b), 1126(d)-(e); TMEP §806.01(a)-(d).



Therefore, applicant must:



(1) amend the application to specify at least one filing basis, and



(2) satisfy all the requirements for the basis or bases asserted. TMEP §806.



Depending on the circumstances, applicant may be entitled to assert more than one of the above bases. When claiming more than one basis, applicant must (1) satisfy all requirements for each basis claimed; (2) state that more than one basis is being asserted; and (3) list separately each basis, followed by the goods or services to which that basis applies. 37 C.F.R. §2.34(b)(2); TMEP §806.02(a).



Although multi-basis applications are permitted, applicant cannot assert both use in commerce and intent to use for the same goods or services. 37 C.F.R. §2.34(b)(1); TMEP §806.02(b).



USE BASE



An application based on use of the mark in commerce must include the following:



(1) The following statement: “The mark is in use in commerce, as defined by 15 U.S.C. §1127, and was in use in such commerce on or in connection with the goods or services listed in the application on the application filing date;”



(2) The date of first use of the mark anywhere on the goods or in connection with services;



(3) The date of first use of the mark in commerce as a trademark or service mark;



(4) One “specimen” that shows the mark used on the goods, or in connection with the services, for each class of goods and services (i.e., shows how applicant actually uses the mark in commerce). If a specimen was not submitted with the initial application, applicant must submit the following statement: “The specimen was in use in commerce at least as early as the application filing date;” and



(5) Verification, in an affidavit or signed declaration under 37 C.F.R. §§2.20, 2.33, of the above statements and dates of use.



15 U.S.C. §1051(a); 37 C.F.R. §§2.34(a)(1), 2.59(a); TMEP §806.01(a).



INTENT TO USE BASE

An application based on a bona fide intention to use the mark in commerce must include the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §§2.20, 2.33:



Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the filing date of the application.