UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

SUSPENSION INQUIRY

RESPONSE REQUIRED

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

 

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

 

 

ISSUE/MAILING DATE: 4/4/2012

 

 

THE OFFICE HAS REASSIGNED THIS APPLICATION TO THE UNDERSIGNED TRADEMARK EXAMINING ATTORNEY.

 

 

APPLICATION REMOVED FROM SUSPENSION

 

On 03/09/2011, action on this application was re-suspended pending termination of a civil action. It has been at least six months since the notice of suspension.  Therefore, the application is removed from suspension.

 

 

The examining attorney has reviewed the application record and determined the following:

 

(1)  Applicant must indicate the status of Civil Action No(s). 99-11347 (USDC C.D. Cal.) on appeal with the Ninth Circuit Court of Appeals (Appeal Case No. 00-56284).

 

 

APPLICANT MUST INDICATE THE STATUS OF THE CIVIL PROCEEDING

 

The trademark examining attorney previously suspended action on this application pending termination of a civil proceeding relevant to the registrability of applicant’s mark.  Applicant must specify the status of Civil Action No(s). 99-11347 (USDC C.D. Cal.) on appeal with the Ninth Circuit Court of Appeals (Appeal Case No. 00-56284). TMEP §§716.02(d), 716.05.  If it is still pending, applicant may respond by providing a statement to that effect.  TMEP §716.05.  If the proceeding has been terminated, applicant must so specify and provide a copy of any final decision or relevant agreement.

 

 

RESPONDING TO THIS OFFICE ACTION

 

For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register.  Applicant may also have other options for responding to a refusal and should consider such options carefully.  To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements. 

 

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02.  Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to live status.  See 37 C.F.R. §2.66; TMEP §1714.  There is a $100 fee for such petitions.  See 37 C.F.R. §§2.6, 2.66(b)(1).

 

If the applicant has any questions or needs further assistance, please telephone the assigned examining attorney.

 

/Myriah A. Habeeb/

Myriah A. Habeeb

Trademark Examining Attorney

Law Office 105

Phone: 571.272.8909

Email: Myriah.Habeeb@uspto.gov

 

TO RESPOND TO THIS LETTER:  Go to http://teasroa.gov.uspto.report/rsi/rsi.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  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 application will be placed in the official application record.

 

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

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/.  Please keep a copy of the complete TARR screen.  If TARR shows no change for more than six months, call 1-800-786-9199.  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/teas/eTEASpageE.htm.

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION HAS ISSUED ON 4/4/2012 FOR

SERIAL NO. 76049152

 

Please follow the instructions below to continue the prosecution of your application:

 

 

TO READ OFFICE ACTION: Click on this link or go to http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response time period. Your response deadline will be calculated from 4/4/2012 (or sooner if specified in the office action).

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System Response Form.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

 

Failure to file the required response by the applicable deadline will result in the ABANDONMENT of your application.