UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/065519
APPLICANT: Manuel Camacho Mesas
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February 7, 2004
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CORRESPONDENT ADDRESS: ROBERT C. FABER OSTROLENK, FABER, GERB & SOFFEN, LLP 1180 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10036-8403
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 EcomITU@uspto.gov
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MARK: BLUE MOON
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CORRESPONDENT’S REFERENCE/DOCKET NO: T/2571-31
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examiner’s name and “Intent to Use Section”. 4. Your telephone number and e-mail address.
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Serial Number 76/065519
NOTICE OF LATE RECEIVED DOCUMENT
This letter is to advise you that your document(s) identified below was received late. _________Statement of Use
____x_____Extension Request
_________Statement of Use and Extension Request
A Statement of Use or Request for Extensions of Time to File a Statement of Use must be filed within six months following the issuance of a Notice of Allowance or during an existing extension period. 37 C.F.R. §§2.88(a) and 2.89(a). The deadline expired on June 24, 2003. The document identified above was received on November 17, 2003. Accordingly, the document is late and will not be accepted. The application will be abandoned in due course and any fees submitted with the document will be refunded.
If the delay in filing the document was unintentional, Applicant can file a Petition to Revive. 37 CFR §2.66. The petition must be filed within two months from the mailing date of the Notice of Abandonment. It must include a $100 petition fee, a statement, signed by someone with firsthand knowledge of the facts that the delay in filing the extension request or Statement of Use was unintentional. In addition, the petition should include an extension request or Statement of Use that meets the requirements of 37 CFR §2.89, including the filing fee, plus the fees for any extension request that would have been due if the application never abandoned. For additional information on filing a Petition to Revive, please contact the Office of the Commissioner for Trademarks at 703-308-8900.
If you file a Petition to Revive, please note that you must file a Statement of Use or request for a further extension of time when it becomes due, even though the application has been abandoned. 37 CFR §2.89(g).
Dawn M. Mills
Dawn Mills
Legal Instrument Examiner
ITU/Division
703/308-9550 ext. 189
703/746-6316 Facsimile
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, the words “Intent to Use” and the examiner’s name on the upper right corner of each page of your response.
To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/
For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXMINER.