Petition Decision

CISSP

International Information Systems Security Certification Consortium, Inc.

Petition Decision

PETITION TO DIRECTOR

UNITED STATES PATENT AND TRADEMARK OFFICE

 

U. S.  APPLICATION SERIAL NUMBER:  74/471305

   

U. S.  REGISTRATION NUMBER:  2,045,256

   

 

        

*2045256*

CORRESPONDENCE ADDRESS:

  

Ms. Sondra Schneider

 

 

RETURN ADDRESS:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451 

 

MARK:

     CISSP

 

APPLICANT/REGISTRANT:

     International Information Systems Securi ETC.

 

ISSUE/MAILING DATE:

April 11, 2014

CORRESPONDENT’S REFERENCE/DOCKET NO:

 

CORRESPONDENT’S EMAIL ADDRESS

 

      s0ndra@securityuniversity.net

 

 

 

PETITION TO DIRECTOR

 

 

Dear Ms. Schneider:

 

This acknowledges receipt on March 5, 2013 of your petition to the Director of the United States Patent and Trademark Office (Director) concerning the above-identified registration.  In the petition, you state that the above referenced mark is in violation of the Lanham Act and that the mark is invalid.

 

The petition is DISMISSED for a lack of petitionable subject matter.

 

It appears from the paperwork submitted that you are seeking to cancel the above referenced registration.  The proper means to seek to cancel a registration is through a “petition to cancel” filed with the Trademark Trial and Appeal Board (TTAB).  It is the TTAB that has jurisdiction to consider whether a registration should be cancelled and not the Director.  Trademark Rule 2.146 governs petitions to the Director and such petitions are limited to the review of procedural actions of the USPTO or requests to waive a Trademark Rule of Practice (37 C.F.R. Parts 2, 3, 6, and 7) because of an extraordinary situation.  37 C.F.R. §2.146.  However, issues of substance regarding a registration or an application are not appropriate for petitions to the Director.

 

 

Therefore, as we discussed, your petition to the Director is being dismissed so you can appropriately file your paperwork with the TTAB.  The TTAB prefers that a petition to cancel be filed using the TTAB electronic system ESTTA at http://estta.gov.uspto.report/ .  The fee for a petition to cancel is $300 for each class of goods or services that you petition to cancel.  Also there are certain procedural requirements that must be met for a petition to cancel.  As such, you may wish to consult the Trademark Trial and Appeal Board Manual of Procedure (TBMP) which is available online at http://www.gov.uspto.report/trademarks/process/appeal/Preface_TBMP.jsp

 

As the petition is being dismissed, the petition fee paid will be refunded in due course. 

 

 

/Dawnmarie D. Sanok/

Attorney Advisor

Office of the Deputy Commissioner

for Trademark Examination Policy

dawn-marie.sanok@uspto.gov

571-272-9577 (O)

 

For general and other useful information about trademarks, you are encouraged to visit the USPTO web site at http://www.gov.uspto.report/main/trademarks.htm.

 


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