UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/266088
APPLICANT: Heasley, John M.
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*76266088*
September 27, 2004 |
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CORRESPONDENT ADDRESS: KENT A. HERINK DAVIS, BROWN, KOEHN, SHORS ET AL THE FINANCIAL CENTER 666 WALNUT ST STE 2500 DES MOINES IA 50309-3907 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: P PROSTHODAM
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examiner’s name and “Intent to Use Section”. 4. Your telephone number and e-mail address.
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OF RECORD UNDER 37 C.F.R. SECTIONS 2.19 (b) AND 10.40
Your request to withdraw as attorney of record was received on September 3, 2004.
Under 37 C.F.R. §2.19(b), an individual authorized to represent an applicant or party in a trademark case may withdraw upon application to and approval by the Commissioner. Under 37 C.F.R. §10.40(a), a practitioner shall not withdraw from employment until the practitioner has taken reasonable steps to avoid foreseeable prejudice to the rights of the applicant.
A request to withdraw as counsel for an applicant must be accompanied by: (1) a statement of the reason(s) for the request to withdraw; (2) a statement that the attorney has given due notice to the applicant that the attorney is withdrawing from employment and will be filing the necessary papers with the United States Patent and Trademark Office; (3) a statement that the attorney has delivered to the applicant all papers and property in the attorney's file concerning the prosecution of the application; (4) a statement that the attorney notified the applicant of any responses that may be due and the time frame within which applicant must respond; and (5) a statement that the applicant was given notice of the attorney’s withdrawal from employment at least two months prior to the expiration of the response period.
Serial No. 76/266,088
Your request to withdraw is denied because:
__X___ It does not state the reason(s) for the request to withdraw.
______ It does not state that the applicant was given due notice of the withdrawal from employment at least two months prior to the expiration of the response period.
__X___ It does not state that all papers and property in the attorney's file concerning the prosecution of the application have been delivered to the applicant.
___X__ It does not state that the attorney notified the applicant of any responses that may be due and the time frame within which applicant must respond.
______ Other:
The request to withdraw is denied without prejudice to its resubmission in accordance with 37 C.F.R. §10.40(a) as specified above.
Accordingly, the attorney of record remains responsible for prosecution of the application.
Sincerely,
Lynette Rollins
Paralegal Specialist
ITU/Divisional Unit
(703) 308-9550 x200
(703) 872-9103 (fax)
lynette.rollins@uspto.gov
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Serial No. 76/266,088
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to use the Trademark Electronic Application System (TEAS), at www.uspto.gov whenever appropriate.
To reach the undersigned after October 13, 2004, please call (571) 272 - 9507. The fax number to use after this date is (571) 273 - 9507. Thank you.