UNITED STATES PATENT AND TRADEMARK OFFICE
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REGISTRATION NO: 1,014,728
REGISTRANT: MALDEN MILLS INDUSTRIES, INC.
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May 3, 2006 *1014728* |
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CORRESPONDENT ADDRESS: Phi Lan M. Tinsley Kirkpatrcik & Lockhart Nicholson Graham State Street Financial Center One Lincoln Street Boston MA 02111 |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: POLAR SPORT
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: tmboston@klng.com |
Please provide in all correspondence:
1. Registration date, registration number, mark and registrant's name. 2. Date of this Office Action. 3. Examiner's name and Post Registation Division. 4. Your telephone number and e-mail address.
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The Combined Section 8 Affidavit & Section 9 Renewal Application was received after the grace period and the registration will expire in due course. The Combined Section 8 Affidavit & Section 9 Renewal Application must be filed within one year before the registration expiration date or during the ensuing grace period. 15 U.S.C. §§1058(b) and 1059(a); 37 C.F.R. §§2.160 and 2.182; TMEP §§1604.04 and 1606.03.
The Combined Section 8 Affidavit & Section 9 Renewal Application was due between July 1, 2004 and July 1,2005, or before the end of the grace period on January 1, 2006. The Combined Section 8 Affidavit & Section 9 Renewal Application was received on March 14, 2006.
You can seek registration of the same mark for the same goods and/or services by filing a new trademark application. For expedited service, you are encouraged to file your application via the Trademark Electronic Application System (TEAS) online at www.gov.uspto.report/teas/index.html.
If you disagree with this refusal to accept the Combined Section 8 Affidavit & Section 9 Renewal Application, you may file a petition to the Director to review this decision. 37 C.F.R. §§2.146(a)(2), 2.165 and 2.186; TMEP §§1604.18 et seq and 1606.14 et seq. The petition must be filed within six months from the mailing date of this letter and be accompanied by a fee of $100. 37 C.F.R. §§2.6, 2.146(a)(2), 2.165(b) and 2.186(b). Any facts to be proven on petition must be in the form of an affidavit or declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.146(c).
Please note that the requirement for timely filing a Combined Section 8 Affidavit & Section 9 Renewal Application within the one year before the registration expiration date, or before expiration of the ensuing grace period, is a statutory requirement that cannot be waived on petition. In re Mother Tucker’s Food Experience (Canada) Inc., 925 F.2d 1402, 17 USPQ2d 1795 (Fed. Cir. 1991); In re Holland American Wafer Co., 737 F.2d 1015, 222 USPQ 273 (Fed. Cir. 1984); In re ACE III Communications, Inc., 62 USPQ2d 1049 (Dir USPTO 2001).
Sincerely,
Chris Porter
Legal Examiner
Post Registration Division
Office of Trademark Services
(571) 272-9546
How to respond to this Office Action:
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the registration number, the words 'Post Registration' and the examiner's name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.