Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

 POST REGISTRATION OFFICE ACTION

 

 

 

Registration Number  2802786

 

The Section 8 Affidavit, filed on  02/10/2010, is not accepted for the reason(s) set forth below.

 

The owner must submit additional information showing that the special circumstances justifying nonuse were not within the control of the owner.  The explanation of special circumstances of record appears to indicate that the nonuse was within the control of the owner in this case.  Specifically, the owner has indicated that it is not currently using the mark because  the company temporarily ceased production and shipping during ownership disputes.

 

For a proper claim of excusable nonuse, the owner must show that (1) the nonuse is due to special circumstances beyond the owner’s control, and (2) the nonuse does not reflect an intention to abandon the mark.  In re Moorman Manufacturing Co., 203 USPQ 712 (Comm’r Pats. 1979); 37 C.F.R. §2.161(f)(2); TMEP §1604.11.

 

In In re Moorman Manufacturing Company, 203 USPQ 712, 714 (Comm’r Pats. 1979), the registrant’s special circumstances were its inability to obtain, from its usual source, raw materials necessary for the production of its goods.  However, the registrant failed to set forth facts showing that alternate commercial sources were not available.  Therefore, it was determined that the registrant had not met its burden of proving nonuse attributable to special circumstances beyond registrant’s control.  Accordingly, the company temporarily ceased production and shipping during ownership disputes is not, in and of itself, sufficient to establish excusable nonuse.

 

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration.  37 C.F.R. §2.163(b)-(c); TMEP §1604.16.

 

Joyce  Conley

Trademark Specialist

Post Registration

(571) 272-9520

 

USPTO

 

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.