Incomp ITU Extension

UNITED STATES PATENT AND TRADEMARK OFFICE

 

NOTICE OF INCOMPLETE EXTENSION REQUEST

 

Serial Number  76/251499

 

The request for extension of time to file a statement of use (extension request) filed on November 3, 2005, does not meet the minimum filing requirements and is not accepted for the reason(s) set forth below.  Applicant may respond to this Office action by correcting the deficiencies noted below.  To avoid abandonment of the application, applicant’s response to this Office action must be received in the Office on or before January 4, 2006, i.e., before expiration of the six month time period of the notice of allowance or the previously granted extension period.  37 C.F.R. §2.89(a).

 

EXTENSION REQUEST IS DEFICIENT AS FOLLOWS:

 

FILER’S CHAIN OF TITLE TO APPLICATION NOT CLEAR:  The filer of the extension request does not appear to have clear chain of title to the application.  According to Office records, the owner of the subject application is Thermo BioStar Inc.; however, the filer of the extension request is identified as Inverness Medical - Biostar Inc..

 

The party filing the extension request must be the owner of the mark at the time of filing.  15 U.S.C. §1051(d); 37 C.F.R. §§2.89(a)(3) and (b)(3); TMEP §1108.02(a).  Clear chain of title is generally established by satisfying one of the following: 

 

(1)    submitting documentary evidence of ownership and chain of title in the filer of the extension request (e.g., copies of signed documents transferring ownership, or a written explanation of the valid transfer of legal title that has occurred in an affidavit or declaration under 37 C.F.R. §2.20); or

 

 

 

 

(2)    recording ownership and chain of title documents with the Assignment Services Division of the USPTO and promptly notifying the undersigned of their recordation.  To expedite recordation, the owner is encouraged to file requests for recordation through the Electronic Trademark Assignment System (ETAS) at http://etas.uspto.gov.  Please note there is a fee for recording ownership documents.  TMEP §§503 et seq.

 

37 C.F.R. §§3.73 and 3.85; TMEP §§502 and 502.01.

 

If the response is received in the Office after the due date, the application will abandon.

 

ENSURE TIMELY SUBMISSION OF RESPONSES AND PETITIONS:  Please note that the filing date of a document in the United States Patent and Trademark Office is the date of receipt in the Office, not the date of deposit in the mail.  37 C.F.R. §2.195.  To avoid lateness due to mail delay, applicant is encouraged to submit its response by fax, using a certificate of facsimilar transmission on the response.  The fax number is (571) 273-3400. 

 

The following is a properly worded certificate of facsimile transmission.  Applicant should add this certificate, properly completed, to its response before transmission.

 

 

CERTIFICATE OF FAX TRANSMISSION:

I hereby certify that this correspondence is being facsimile transmitted to the United States Patent and Trademark Office on the date below.

 

________________________________

Signature

 

________________________________

Print/Type Name of Signer

 

________________________________

Date

 

If applicant intends to submit its response via regular mail, then applicant is encouraged to use a certificate of mailing on the submitted documents.  37 C.F.R. §2.197.  The following is a properly worded certificate of mailing for responses submitted on paper by regular mail. 

 

 

CERTIFICATE OF MAILING:

I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to:  Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA, 22313-1451, on the date below.

 

 

 

 

 

 

________________________________

Signature

 

________________________________

Print/Type Name of Signer

 

________________________________

Date

 

 

 

 

 

Sincerely,

 

Lynette Rollins

Lynette Rollins

Paralegal Specialist

ITU/Divisional Unit

(571) 272-9507

(571) 273-9507 (Fax)

lynette.rollins@uspto.gov

 

 

 

How to respond to this Office Action:

 

Your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’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 general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.