Status Letter for Registration No.

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

 POST REGISTRATION OFFICE ACTION

 

 

 

Registration Number  2,526,119

 

 

The Section 7 Amendment submitted on September 14, 2007 is not accepted for the reasons set forth below.

 

The party who filed the Section 7 Amendment must establish its ownership of the subject registration.  37 C.F.R. §3.73; TMEP §502.01.  The Trademark Act requires the current owner of the registration to file the Section 7 Amendment.  15 U.S.C. §1057.  Office records do not show clear chain of title in the party who filed the Section 7 Amendment.

 

Office records show clear chain of title to the subject registration in PHYSICIANS FORMULA COSMETICS, INC.  However, the party who filed the Section 7 Amendment is identified as PHYSICIANS FOURMULA, INC.

 

The party who filed the Section 7 Amendment must establish its current ownership of the subject registration.  37 C.F.R. §§2.173(a) and 3.73; TMEP §§502.01 and 1609.01(b).  Ownership can be established by satisfying one of the following:  (1) recording the appropriate documents with the Assignment Division of the Office; or (2) submitting actual documentation evidence showing the transfer of title to the party who filed the Section 7 Amendment.  More information about these two methods for establishing ownership of the subject registration appears directly below.

 

(1)   If the present owner chooses to record the appropriate documents with the Assignment Division, you must notify the undersigned paralegal when the documents have been submitted.  For information regarding recording assignments, name changes and mergers, please visit the webpage http://www.gov.uspto.report/web/trademarks/workflow/assign.htm and see TMEP §§503 et seq.  For specific questions, please contact the Assignment Division at 571-272-3350.  To expedite recordation, the owner is encouraged to file requests for recordation through the Electronic Trademark Assignment System (ETAS) at http://etas.uspto.gov.  There is a fee for recording ownership documents.

 

(2)   If the present owner prefers to submit actual evidence of ownership directly to the undersigned paralegal, copies of the actual documents transferring title or a statement explaining the valid transfer of legal title must be submitted.  If submitting a statement of facts explaining the transfer of title, this statement must be verified with an affidavit or declaration under 37 C.F.R. §2.20.  See 37 C.F.R. §3.73 and TMEP §502.01.

 

Please be advised that the corrected registration will issue in the name of the owner of record unless the ownership change is recorded with the Assignment Division.  37 C.F.R. §3.85; TMEP §502.03.

 

If the wrong party filed the Section 7 Amendment, then the current owner must file a new Section 7 Amendment with a new filing fee.

 

The owner has six months from the mailing date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 Amendment, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 Amendment will be considered abandoned.  37 C.F.R. §2.176.  The fee for filing the Section 7 Amendment will not be refunded.

 

 

 

 

BHarper

Affidavit/Renewal Examiner

Post Registration Division

Trademark Examining Operation

(571) 272-9528 Ext. 29528

 

 

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.

 

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 INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.