UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/251499
APPLICANT: Thermo BioStar Inc.
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*76251499*
November 16, 2005 |
CORRESPONDENT ADDRESS: Jean M. Maxwell Inverness Medical Innovations, Inc. Suite 200 51 Sawyer Road Waltham MA 02453-3448 |
RETURN ADDRESS: Commissioner for TrademarksP. O. Box 1451Alexandria, VA 22313-1451
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MARK: OIASYS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: Jean.Maxwell@invmed.com |
Please provide in your correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Notice. 3. Attn: Intent to Use Unit 4. Your telephone number and e-mail address.
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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.
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Signature
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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.
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Signature
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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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.