UNITED STATES PATENT AND TRADEMARK OFFICE
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REGISTRATION NO: 3,259,681
REGISTRANT: Chiquita Brands, Inc.
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November 8, 2007
*3259681* |
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CORRESPONDENT ADDRESS: LYNDA E. ROESCH DINSMORE & SHOHL LLP 1900 CHEMED CENTER 255 EAST FIFTH STREET CINCINNATI, OH 45202 |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: CONSUL
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Registration date, registration number, mark and registrant's name. 2. Date of this Office Action. 3. Examiner's name and Post Registation Division. 4. Your telephone number and e-mail address.
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Registration Number 3,259,681
The Section 7(g) Request for Correction submitted on September 5, 2007 is being processed as a Section 7(h) Request for Correction because the request is based on a mistake that did not occur through the actions of the United States Patent and Trademark Office. A fee is required in this case.
This Request for Correction will be processed when (1) the required $100 filing fee is submitted, and (2) any deficiencies with the request are corrected. 37 C.F.R. §§2.6 and 1609.10(b). See below for information regarding any deficiencies.
In order for a registration to have issued in a name other than the owner name of record in a pending application, the relevant party must have satisfied the following: (1) submitted a written request prior to the date the application was approved for publication or registration, as appropriate; and (2) recorded the necessary ownership documents with the Assignment Services Division of the Office. 37 C.F.R. §3.85; TMEP §§502.02(a) and (b) and 502.03.
In the present case, no written request was received by the Office. Therefore, the issuance of the registration certificate in the name of the owner of record of the pending application was not an Office error.
The owner has six months from the mailing 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.
A. J. Horn
Affidavit/renewal Examiner
Post Registration Division
Office of Trademark Services
(571) 272-9533
Fax (571) 273-9500
How to respond to this Office Action:
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the registration number, the words 'Post Registration' and the examiner's name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.