Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION

 POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 10/19/11

Registration Number  2563589

The Section 7(h) Request for Correction submitted on April 6, 2011 is not accepted for the reasons set forth below.

Good faith statement:

The owner must submit a statement explaining how the error occurred, verified in an affidavit or with declaration under 37 C.F.R. §2.20.  A Section 7 Request for Correction that involves a mistake made by the owner of the registration must include a verified explanation that shows the error occurred in good faith.  37 C.F.R. §2.175(b).

Declaration:

To verify the Section 7 Request for Correction, the owner must submit a substitute affidavit or declaration under 37 C.F.R. §2.20.  The following is a properly worded declaration in accordance with 37 C.F.R. §2.20 that can be inserted at the end of your response, and signed and dated:

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

__________________________

Signature of Authorized Person

__________________________

Type or Print Name

__________________________

Date

The following persons are authorized to sign a Section 7 Request for Correction on behalf of the owner:

(1)               A person with legal authority to bind the owner; and

(2)               An attorney as defined in 37 C.F.R. §11.1 who has actual or implied written or verbal power of attorney from the owner.

37 C.F.R. §2.175(b)(2).

Fee:

The owner must submit the filing fee of $100 for the submitted Section 7(h) Request for Correction.  15 U.S.C. §1057(h); 37 C.F.R. §§2.6 and 2.175(a); TMEP §1609.10(b).  The required fee was not submitted.

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 Request for Correction, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 Request for Correction will be considered abandoned.  37 C.F.R. §2.176. 

/Deborah Y. Ahmed/

Trademark Specialist

Office of Trademark Services

Post Registration Division

(571) 272-9122

/Deborah Ahmed/

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form at http://www.gov.uspto.report/teas/eTEASpageC.htm.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

WHO MUST SIGN THE RESPONSE:  It must be personally signed by (1) an individual registrant; (2) someone with legal authority to bind registrant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent registrant.  If a registrant is represented by an attorney, the attorney must sign the response.

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/.  Please keep a copy of the complete TARR screen.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.