Intent to Use Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

INTENT TO USE OFFICE ACTION

 

 

Serial Number  76/305121

 

The statement of use filed on November 25, 2005, does not meet the minimum filing requirements and is not accepted for the reason(s) set forth below.  Since the time period for filing a statement of use expired on November 26, 2005, the above-identified APPLICATION IS ABANDONED.  15 U.S.C. §1051(d); 37 C.F.R. §§2.88 and 2.89. 

 

STATEMENT OF USE IS DEFICIENT AS FOLLOWS:

 

VERIFIED STATEMENT THAT “THE MARK IS IN USE IN COMMERCE” WAS NOT SUBMITTED:  The statement that “the mark is in use in commerce,” verified by affidavit or declaration under 37 C.F.R. §2.20, was omitted from the statement of use.  This statement, verified and signed by applicant or a person authorized to sign on behalf of applicant, is one of the minimum filing requirements.  15 U.S.C. §1051(d); 37 C.F.R. §2.88(e)(3); TMEP §1109.09.

 

SAMPLE VERIFIED STATEMENT THAT THE “MARK IS IN USE IN COMMERCE”:  The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified statement that “the mark is in use in commerce,” if signed and dated by applicant or a person authorized to sign on behalf of applicant:

 

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

 

______________________________

Signature

 

______________________________

Print/Type Name and Position

 

______________________________

Date

 

 

 

 

Please note that filing a petition to revive the application cannot be recommended in this case.  A petition will not be granted if it would result in extending the time period for filing a statement of use beyond 36 months from the issue date of the notice of allowance.  15 U.S.C. §1051(d)(2); 37 C.F.R. §§2.66(d) and 2.89(e)(1); TMEP §1714.01(b).  However, applicant has the option to file a new application.

 

Please call the undersigned with any questions.

 

 

 

 

Portia C. Taylor

Paralegal Specialist

ITU/Divisional Unit

(571) 272-9513

(571) 273-9513 Fax

 

 

 

If a response to this Office Action is required, you may:

 

• Respond via regular mail.  Your response should be sent to the “Return Address” identified above and include the serial number, the mark, the applicant’s name, the words “Response to Intent to Use Office Action” and your telephone number.

 

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