Suspension Inquiry

RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

QUESTIONS: For inquiries or questions about this Office action, please contact the assigned trademark examining attorney.

Serial Number 76/073269

__ Applicant must indicate the status of the relevant foreign application(s). Action on this application was suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of the certificate of registration(s) in the country of origin of applicant. 15 U.S.C. §1126(e); TMEP §§716.02(b) and 1004 et seq.

If applicant also has a Section 1 basis for registration, please note that applicant has the option to delete the Section 44(e) basis and proceed solely under the Section 1 basis. 15 U.S.C. §1051. If applicant chooses to delete the Section 44(e) basis, this Office will then approve the mark for publication without waiting for applicant to submit a copy of the foreign registration, after all other outstanding issues are resolved. TMEP §§806.02(f) and 806.04(b).

X Applicant must indicate the status of the relevant civil litigation. Action on this application was suspended pending termination of civil litigation, namely, 2: 03CV0035 David Dodart, et al. v. Young Again Products, Inc., District Court for the Central Division of Utah. TMEP §716.02(d).

RESPONSE

Applicant may respond to this Office action using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>. When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces processing time and eliminates the possibility of data entry errors by the Office. Applicants are strongly encouraged to use TEAS to respond to Office actions. Applicants using TEAS should not submit a duplicate paper copy of the response.

STATUS OF APPLICATION

The Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations. The TARR database is available 24 hours a day, 7 days a week. Status and status date information is also available via push-button telephone at (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday.

Tina L. Snapp

/Tina L. Snapp/

Examining Attorney

Law Office 116

(571) 272-9224

Rightfax (571) 273-9116

HOW TO RESPOND TO THIS OFFICE ACTION:

ONLINE RESPONSE: You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm