Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER AND SELECT FORM NUMBER 11:

 http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp

POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 6/18/2018

U.S. Registration Number  415755

The Section 7 Surrender for cancellation, filed on May 19, 2019, is not accepted for the reasons set forth below.

The party who filed the Section 7 Surrender must establish its ownership of the subject registration.  37 C.F.R. §3.73(b); TMEP §502.01.  The Trademark Act requires the current owner of the registration to file the Section 7 Surrender.  15 U.S.C. §1057(e).  Office records do not show clear chain of title in the party who filed the Section 7 Surrender.

Office records show clear chain of title to the registration in THE COCA-COLA COMPANY.  However, the party that filed the Section 7 Surrender is identified as ABRHAM HERRERA. 

The party who filed the Section 7 Surrender must establish its current ownership of the subject registration as of May 19, 2018, the date the Section 7 Surrender was signed.  37 C.F.R. §§2.172 and 3.73; TMEP §502.01.  Ownership can be established by satisfying one of the following:  (1) recording the appropriate documents with the Assignment Division of the Office; or (2) submitting actual documentation evidence showing the transfer of title to the party who filed the Section 7 Surrender.  More information about these two methods for establishing ownership of the subject registration appears directly below. 

(1)  If the present owner chooses to record the appropriate documents with the Assignment Division, you must notify the undersigned paralegal when the documents have been filed.  For information regarding recording assignments, name changes and mergers, please visit the webpage http://www.gov.uspto.report/web/trademarks/workflow/assign.htm and see TMEP §§503 et seq.  For specific questions, please contact the Assignment Division at 571-272-3350.  To expedite recordation, the owner is encouraged to file requests for recordation through the Electronic Trademark Assignment System (ETAS) at http://etas.uspto.gov.  There is a fee for recording ownership documents.

(2)  If the present owner prefers to submit actual evidence of ownership directly to the undersigned paralegal, copies of the actual documents transferring title or a statement explaining the valid transfer of legal title must be submitted.  If submitting a statement of facts explaining the transfer of title, this statement must be verified with an affidavit or a signed declaration under 37 C.F.R. §2.20.  See 37 C.F.R. §3.73 and TMEP §502.01.

If the wrong party filed the Section 7 Surrender, then the current owner must file a new Section 7 Surrender.

The USPTO proposes to change federal trademark rules to require applicants and registrants to (1) file submissions concerning applications and registrations online using the USPTO’s Trademark Electronic Application System (TEAS) and (2) provide and maintain an accurate email address for receiving correspondence from the USPTO.  See the Mandatory Electronic Filing Rules webpage for more information.

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 Surrender, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 Surrender will be considered abandoned.  37 C.F.R. §2.176. 

/macyma/

MACY MA

Trademark Specialist

Post Registration Division

Phone 571-272-9538

Fax 571-273-9538

macy.ma@uspto.gov

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration.  For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned specialist.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this registration will be placed in the official registration record.

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual owner or someone with legal authority to bind an owner (i.e., a corporate officer, a general partner, all joint owners). If an owner is represented by an attorney, the attorney must sign the response.

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.