To: | OUTDOOR DIRECT CORPORATION (laipdocketing@sheppardmullin.com) |
Subject: | TRADEMARK REGISTRATION NO. 1919542 - MAXFIRE - 0SEM-063279 |
Sent: | 04/20/16 05:36:50 PM |
Sent As: | PRG@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION
U.S. REGISTRATION NO. 1919542
OWNER: OUTDOOR DIRECT CORPORATION
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CORRESPONDENT’S ADDRESS: SHEPPARD, MULLIN, RICHTER & HAMPTON LLP |
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MARK: MAXFIRE
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CORRESPONDENT’S REFERENCE/DOCKET NO. 0SEM-063279
CORRESPONDENT’S EMAIL ADDRESS: |
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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
ISSUE/MAILING DATE: 4/20/2016
U.S. Registration Number 1919542
The Combined Section 8 Affidavit & Section 9 Renewal Application was received on February 9, 2016. The Section 9 portion of the combined filing can be granted. However, the Section 8 portion is not accepted for the reason(s) set forth below.
Nonuse
The owner must submit additional information explaining the nonuse of the mark:
1) The owner is claiming excusable nonuse under Trademark Act Section 8. 15 U.S.C. §1058. A proper claim of excusable nonuse must include all of the following information:
(1) the date of last use of the mark; 04-15-2015
(2) the steps being taken to resume use; and
(3) the approximate date when use is expected to resume.
37 C.F.R. §2.161(f)(2); TMEP §1604.11.
For a proper claim of excusable nonuse, the owner must show that (1) the nonuse is due to special circumstances beyond the owner’s control, and (2) the nonuse does not reflect an intention to abandon the mark. In re Moorman Manufacturing Co., 203 USPQ 712 (Comm’r Pats. 1979); 37 C.F.R. §2.161(f)(2); TMEP §1604.11.
/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.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.