Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

NOTICE OF INCOMPLETE DIVISIONAL REQUEST

TO AVOID THE DENIAL OF YOUR REQUEST TO DIVIDE THE APPLICATION, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE WITHIN THIRTY (30) OF THE ISSUANCE DATE. 

Serial Number  76388906

The request to divide the above-identified application, filed on December 18, 2009, is incomplete and cannot be processed until $325.00 in fees are submitted.  Applicant has thirty (30) days from the date of this Office action to submit the required fees.  If applicant does not submit the necessary fees within the time period specified, the request to divide will not be processed.

FEES:  For a request to divide out an entire class or several classes from an application, applicant is required to submit the request to divide fee of $100 for each new application created.  37 C.F.R.§§2.6(a)(19), 2.87(b); TMEP §1110.02.  No separate application filing fee is needed for any new application created. 

However, for a request to divide out some, but not all, of the goods and/or services within a single class, applicant must submit both the request to divide fee of $100 for each new application created and an application filing fee for each new application created.  37 C.F.R. §2.87(b).  In such cases, the new application filing fee is calculated as follows:

• If a request to divide was filed on paper, an application fee of $375 per class is required for each new application created;

• If a request to divide and the original application were both filed online using TEAS, an application fee of $325 per class is required for each new application created; or

• If a request to divide was filed online using TEAS and the original application was filed using TEAS Plus, an application fee of $275 per class is required for each new application created.

37 C.F.R. §2.6(a)(1)(i)-(iii); TMEP §1110.02.

Additionally, if a request to divide is filed with a statement of use or request for extension of time to file a statement of use (extension request), then the fees for the statement of use ($100 per class) and/or extension request ($150 per class) must also accompany the request to divide.  37 C.F.R. §§2.6, 2.87(b), 2.88(b)(3), 2.89(a)(2); TMEP §§1108.02(c), 1109.15, 1110.02. 

In the present case, applicant submitted $100.00 in fees.  However, a total of $425.00 in fees is required.  Accordingly, applicant must submit $325.00.

Please contact the undersigned with any questions.

/Stakhar/

Surinder Takhar

Paralegal Specialist

ITU/ Divisional Unit

571-272-9512

571-273-9512 Fax

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.

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

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.