To: | OVATION PHARMACEUTICALS, INC. (crk@lundbeck.com) |
Subject: | TRADEMARK APPLICATION NO. 76184729 - ATRYN - N/A |
Sent: | 12/09/09 09:40:28 PM |
Sent As: | PRG@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
REGISTRATION NO: 2743233
REGISTRANT: OVATION PHARMACEUTICALS, INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ATRYN
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Date: 12/09/2009 |
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Registration date, registration number, mark and registrant's name. 2. Date of this Office Action. 3. Examiner's name and Post Registration Division. 4. Your telephone number and e-mail address.
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Registration Number 2743233
The Sections 8 & 15 Combined Affidavit was received on 12/01/2009. The Section 15 portion of the combined affidavit is acknowledged. However, the Section 8 portion is not accepted for the reason(s) set forth below.
(1) If the present owner chooses to record the appropriate documents with the Assignment Division, the documents must be recorded before expiration of the time for filing a response. In addition, you must notify the undersigned when the documents have been recorded. 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 a signed declaration under 37 C.F.R. §2.20. See 37 C.F.R. §3.73 and TMEP §502.
Please note that if the party who filed the Combined Affidavit submits sufficient evidence to establish ownership but the ownership documents are not recorded with the Assignment Division before expiration of the time to file a response, then the acceptance notice will issue in the name of the owner of record. 37 C.F.R. §3.85; TMEP §502.02.
However, if the wrong party filed the Combined Affidavit and there is time remaining in the statutory filing period, the current owner must file a new Section 8 Affidavit with a new fee or the registration will be cancelled. If the new Section 8 Affidavit is filed during the six-month grace period, the owner must pay the filing fee for the Section 8 Affidavit and the grace period fee. 15 U.S.C. §1058; 37 C.F.R. §§2.160 and 2.161; TMEP §1604.07(a)
If the wrong party filed the Combined Affidavit and there is no time remaining in the statutory filing period, the current owner cannot file a new Section 8 Affidavit. The registration will be cancelled. 15 U.S.C. §1058; 37 C.F.R. §2.164(b); TMEP §1604.07(a). This is not a deficiency that can be cured after the expiration of the grace period. See In re Precious Diamonds, Inc., 635 F.2d 845, 208 USPQ 410 (C.C.P.A. 1980); In re Media Central IP Corp., 65 USPQ2d 1637 (Dir USPTO 2002).
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.