Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

FINAL OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/118558

 

This letter responds to the applicant’s communication of July 1, 2003.

 

OWNERSHIP OF MARK

 

In the office action dated January 13, 2003, the examining attorney required the applicant to clarify the ownership of the mark because the name of the owner on the statement of use differs from that on the original application.  In response, the applicant has furnished a chain of title and recorded assignments showing Silver Springs Networks, Inc. as the current owner.  However, the chain of title is incomplete in that it lacks the nature of the applicant’s entity and its citizenship.  In addition, information about the citizenship of St. Andrews Acquisitions, an intermediary owner, is also missing.

 

Therefore, the chain of title is incomplete and the ownership of the applicant has not been sufficiently clarified.  The applicant must indicate what type of entity is applying, for example, an individual, partnership, corporation or joint venture.  37 C.F.R. §2.32(a)(3); TMEP §803.03 et seq.  If the applicant is an individual, the applicant must indicate his or her national citizenship for the record.  37 C.F.R. §2.32(a)(3)(i).  If the applicant is a corporation or association, the applicant must set forth the state or nation under whose laws the applicant is organized.  37 C.F.R. §2.32(a)(3)(ii).  If the applicant is a partnership, the applicant must set forth the state or nation under whose laws the partnership is organized, and the names and citizenship of the general partners.  37 C.F.R. §§2.32(a)(3)(ii) and (iii).  TMEP §803.04.  The applicant must also provide the entity of all intermediary owners.

 

For these reasons, the requirement for clarification of ownership of the mark is maintained and made FINAL.

 

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board.  37 C.F.R. Section 2.64(a).  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. Section 2.65(a).

 

 

 

 

/Susan Stiglitz/

Trademark Attorney

Law Office 103

703-308-9103, ext. 233

703-746-8103  (fax)

ecom103@uspto.gov

 

 

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, law office and examining attorney’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 EXAMINING ATTORNEY.