| To: | OMEGA IP CO. (IPDocket@calfee.com) |
| Subject: | TRADEMARK APPLICATION NO. 76232882 - HOMECREST - N/A |
| Sent: | 7/17/04 2:24:45 PM |
| Sent As: | EComPRU |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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REGISTRATION NO: 2,575,854
REGISTRANT: OMEGA IP CO.
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JULY 17 2004
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CORRESPONDENT ADDRESS: RAYMOND RUNDELLI CALFEE HALTER & GRISWOLD LLP 800 SUPERIOR AVE SUITE 1400 CLEVELAND OH 44114 2688
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
ecom103@uspto.gov
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MARK: HOMECREST
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: IPDocket@calfee.com |
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 Registation Division. 4. Your telephone number and e-mail address.
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Registration Number 2,575,854
The Section 7(g) Request for Correction submitted on November 17 2003 is refused for the following reason(s):
The records of the Assignment Branch of the Patent and Trademark Office do not show a clear chain of title. There is no record on file to show ownership of the registration being transferred from Homecrest Corporation to Omega Cabinets, Ltd., which then assigned the registration to the present claimant. The present claimant must establish a complete chain of title by: (1) recording appropriate documents in the Assignment Branch or (2) submitting proof of the transfer of title.
If the present claimant chooses to establish ownership through recordation in the Assignment Branch, the claimant must notify the undersigned when the document or documents have been filed for recording. The filing of a document in the Assignment Branch does not stay the six-month period for responding to this action.
If the present claimant chooses to establish ownership by submitting proof of the transfer of title, the claimant must submit evidence of such transfer. Appropriate evidence may consist of a copy of the document transferring ownership from one party to another or an explanation, supported by an affidavit or a declaration under Trademark Rule 2.20, that a valid transfer of legal title has occurred.
The information submitted is sufficient to establish ownership of the registration. However, since this information has not been recorded with the Assignment Division, Office records will continue to show Homecrest Corporation as the current registrant unless the ownership information is recorded with the Assignment Division.
The owner has six months from the mailing date of this Office Action to record the merger with the Assignment Services Division. If the owner does not intend to record the change, the undersigned paralegal should be notified by telephone so the Certificate of Correction can be issued immediately in the name of the registrant of record. If a response to this inquiry is not received by the end of the response period, the Certificate of Correction will issue in the name of the registrant of record.
The owner has 6 months from the mailing date of this letter to respond. If a complete response is not received, the Section 7 Request for Correction will be abandoned and the original certificate will be returned. 37 C.F.R. §2.176.
Patricia A. Everett, Paralegal Specialists
Post Registration Division
Office of Trademark Services
(703) 308-9500 Ext. 132
Fax (703) 746-6413
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.