UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

ABANDONED – LATE RESPONSE

 

ISSUE/MAILING DATE: 6/29/2007

 

The application is abandoned because applicant’s response to the previous Office action was untimely. A proper response must be received by the Office within six months from the issue/mailing date of the Office action in order to avoid abandonment of the application. 15 U.S.C. §1062(b); 37 C.F.R. §2.62. 

 

The Office action issue/mailing date was November 30, 3006, and a response was due on or before May 30, 2007; a courtesy copy was sent via facsimile transmission on December 18, 2006.  However, the response was filed on June 15, 2007. 

 

The applicant did not change the correspondence address until February 28, 2007, after the suspension inquiry was sent and a courtesy copy of the same was “faxed” to the applicant’s attorney.  Although the May 1, 2006, response from the applicant’s attorney contained a new address, the Office does not change the correspondence address unless specifically requested to do so.  TMEP §603.02(a)(Once the correspondence address is established for a particular application, it is not changed unless there is a written request by the applicant or the attorney of record to change the address. The mere transmittal of a response to an Office action bearing a new address for an applicant or an applicant's attorney does not effect a change in a correspondence address).

 

How to file a petition to the Director:

 

If the delay in filing a response was unintentional, a petition to revive the application with a fee may be filed. If the abandonment of this application was due to USPTO error, a request for reinstatement may be filed. Please note that a petition to revive or request for reinstatement must be received within two months of the Issue/Mailing Date of this notice. A petition to revive may be filed electronically at http://www.gov.uspto.report/teas/eTEASpageG.htm

 

Status Check

To check status information, please use either http://tarr.uspto.gov, or call (571) 272-5400 (Monday-Friday, 6:30 a.m. to 12 midnight, EST).  If additional information regarding the status of an application or registration is required, callers may telephone the Trademark Assistance Center (TAC) at (571) 272-9250 or (800) 786-9199 and request a status check.  TAC is open from 8:30 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday, except on holidays.

 

Copies of Documents 

The applicant may view and download any or all documents contained in the electronic file wrapper of all pending trademark applications, as well as many registrations via the Trademark Document Retrieval (TDR) system available online at: http://portal.gov.uspto.report/external/portal/tow.  Currently, you can access all pending applications and all Madrid Protocol filings, and also many registrations, via TDR.  The USPTO is in the process of converting all remaining registrations into a digital format, to permit future TDR access.  This conversion process is expected to take several years.  Downloads are converted into PDF format and may be viewed with any PDF viewer, including the free Adobe Reader.

 

Questions About This Action

If the applicant has any questions regarding this Office action, please call the examining attorney.

 

/Brian Pino/

Examining Attorney

Law Office 114

571.272.9209

571.273.9114 Law Office Facsimile

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 6/29/2007 FOR

APPLICATION SERIAL NO. 76205620

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://portal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=76205620&doc_type=OOA&mail_date=20070629 (or copy and paste this URL into the address field of your browser), or visit http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 6/29/2007.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.