UNITED STATES PATENT AND TRADEMARK OFFICE
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REGISTRATION NO: 2,554,984
REGISTRANT: White, Mitzie E.
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8/11/08
*2554984* |
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CORRESPONDENT ADDRESS: MITZIE E. WHITE AND LAWANDA E. SMITH 5221 West 102nd Street, #110-L Los Angeles , CA 90045-6001
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RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: VOW
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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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 Registration Division. 4. Your telephone number and e-mail address.
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Registration Number 2,554,984
The Sections 8 & 15 Combined Affidavit was received on July 13, 2008. The Section 8 portion of the combined affidavit is accepted. However, the Office cannot acknowledge the Section 15 portion for the reason(s) set forth below.
ISSUES PERTAINING TO SECTION 15 PORTIONS ONLY
The Section 15 Affidavit cannot be acknowledged because there is a pending proceeding before the Trademark Trial and Appeal Board involving ownership of the subject registered mark, i.e., Cancellation No. 92045873.
A Section 15 Affidavit must include a verified statement by the owner that there is no proceeding pending in the United States Patent and Trademark Office or in a court involving the owner’s rights to the mark nor a final decision adverse to the owner’s claim of ownership and use of the mark. 37 C.F.R. §§2.167(d) and (e); TMEP §1605.04. The pending proceeding contradicts this claim.
TIME PERIOD FOR RESPONDING: The owner should respond to this Office action within 6 months from the mailing date of this Office action. All requirements in this Office action must be satisfied, if possible, in order for the Section 15 Affidavit to be acknowledged. Failure to respond in this time period will result in the abandonment of the Section 15 Affidavit.
A Section 15 Affidavit can be acknowledged if the party who filed the Section 15 Affidavit is the current owner, and if the owner can make all the claims required by statute. 15 U.S.C. §1065; 37 C.F.R. §2.167. If the Section 15 Affidavit cannot be acknowledged at this time, the owner may wish to file a new Section 15 Affidavit and fee at a later time when all statutory claims can be made.
Arlene L. Clinkscales
Trademark Specialist
Post Registration Division
(571) 272-9519
(571) 273-9519 (fax)
Arlene.Clinkscales@uspto.gov
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.