UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/397405
APPLICANT: OSI Pharmaceuticals, Inc.
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April 2, 2004
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CORRESPONDENT ADDRESS: OSI PHARMACEUTICALS, INC. 58 SOUTH SERVICE ROAD MELVILLE NY 11747
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: TARCEVA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: bgargiulo@osip.com |
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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Serial Number 76/397405
The Request for Extension of Time to File a Statement of Use submitted on January 20, 2004 was filed too early. The Office will not grant two extension requests that are filed within the same six-month period. The applicant's second, extension request was filed on December 11, 2003 and the third, request was filed on January 20, 2004, within the same six-month extension period. 37 C.F.R §2.89(a).
In order to avoid abandonment of the application, the applicant must re-file the Request for Extension of Time to File a Statement of Use, or file a Statement of Use, before the expiration of the third extension period.
The fee for filing the extension request will be refunded.
Dawn M. Mills
Dawn Mills
Legal Instrument Examiner
ITU/Division
703/308-9550 ext. 189
703/746-6316 Facsimile
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, the words “Intent to Use” and the examiner’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 ASSIGNED EXMINER.