Offc Action Outgoing

KICK ASS

KICKING HORSE COFFEE CO. LTD.

TRADEMARK REGISTRATION NO. 2896141 - KICK ASS - 741475-64

To: KICKING HORSE COFFEE CO. LTD. (nptm@nixonpeabody.com)
Subject: TRADEMARK REGISTRATION NO. 2896141 - KICK ASS - 741475-64
Sent: 01/09/14 04:20:13 PM
Sent As: ecom113@uspto.gov
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION

 

    U.S. REGISTRATION NO.           2896141

 

    REGISTRANT: KICKING HORSE COFFEE CO. LTD.

 

 

        

76377523

 

    CORRESPONDENT’S ADDRESS:

  Jeffrey L. Costellia

  NIXON PEABODY LLP

  401 9th Street NW, Suite 900

  Washington DC 20004

 

 

 

 

    MARK:             KICK ASS

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO.   741475-64          

 

    CORRESPONDENT’S EMAIL ADDRESS: 

 nptm@nixonpeabody.com

 

 

 

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER:

 

http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp

 

 

 POST REGISTRATION OFFICE ACTION

 

 

ISSUE/MAILING DATE: 1/9/2014

U.S. Registration Number  2896141

 

The Section 7 Amendment submitted on 05/03/2011 is not accepted for the reasons set forth below.

 

The owner has requested that a disclaimer be deleted from its registration.  Any request to delete a disclaimer must include the following:  (1) a request to amend the mark to delete the disclaimed matter, (2) a substitute drawing showing the amended mark, and (3) a verified substitute specimen showing the amended mark in use in commerce for each class of goods and/or services specified in the registration.  37 C.F.R. §2.173(b)(3), (d), (g); TMEP §1609.05.  The request to amend the mark, drawing and verified specimen(s) were not submitted with the Section 7 request to delete the disclaimer.

 

Accordingly, the owner must provide the required request, substitute drawing of the amended mark, and verified substitute specimen(s).  The request to delete the disclaimer cannot be accepted until these items are submitted.

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  If a complete response is not received in the Office within this time period, then the Section 7 Amendment will be considered abandoned and the original certificate of registration/certified copy of the registration will be returned.  37 C.F.R. §2.176.  The fee for filing the Section 7 Amendment will not be refunded.

 

 

 

USPTO

// Sharon Roberts//

571-272-9549 Office

 

 

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by (1) the individual owner; (2) someone with legal authority to bind the owner (e.g., a corporate officer or general partner); or (3) an authorized attorney, if one is appointed to represent the owner.  If the owner is represented by an attorney, the attorney must sign the response.

 

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the complete status screen.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.

 

 

 

TRADEMARK REGISTRATION NO. 2896141 - KICK ASS - 741475-64

To: KICKING HORSE COFFEE CO. LTD. (nptm@nixonpeabody.com)
Subject: TRADEMARK REGISTRATION NO. 2896141 - KICK ASS - 741475-64
Sent: 01/09/14 04:20:13 PM
Sent As: ecom113@uspto.gov
Attachments:





IMPORTANT NOTICE
USPTO OFFICE ACTION HAS ISSUED ON 01/09/2014 FOR
REGISTRATION NO. 2896141


Please follow the instructions below to continue the examination of your post registration filing:

VIEW OFFICE ACTION: Click on this link

http://tsdr.gov.uspto.report/view.action?DDA=Y&sn=76377523&type=OOA&date=20140109

(or copy and paste this URL into the address field of your browser), or visit http://tsdr.gov.uspto.report/ and enter the registration number to access the Office action.

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required, (2) how to respond and (3) the applicable response time period your response deadline will be calculated from.

Do NOT hit 'Reply' to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

HELP: For technical assistance in accessing the Office action, please e-mail tsdr@uspto.gov. Please contact the assigned examiner with questions about the Office action.

WARNING


1. The USPTO will NOT send a separate e-mail with the Office action attached.

2. Failure to file any required response by the applicable deadline may result in the cancellation and/or expiration of your registration.

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