Incomplete Divisional

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 OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/398432

 

The request to divide the above-identified application, filed on February 24, 2006, is incomplete and cannot be processed until a separate written request to divide the application and $100.00 in fees are submitted.  Applicant has thirty (30) days from the date of this Office action to submit a separate written request and fees.

 

The fee for a request to divide is $100 for each new application file created.  No additional application filing fee is required unless an applicant wants to divide some, but not all, of the goods or services identified in one class.  In such cases, the application fee of $375 must be submitted for each new application created.  In addition, 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 a statement of use ($100 per class) and extension request ($150 per class) must also accompany the request to divide.  37 C.F.R. §§2.6, 2.87(g), 2.88(b)(3) and 2.89(a)(2); TMEP §1108.02(c), 1109.15 and 1110.02. 

 

In the present case, applicant submitted $0.00 in fees.  However, a total of $100.00 in fees is required.  Accordingly, applicant must submit $100.00 in fees.

 

A request to divide an application must be submitted in a document separate from any other document and be clearly identified at the top of the page as a “request to divide the application.”  37 C.F.R. §2.87(d).  In the present case, the request to divide was submitted as part of another document such as a statement of use, response to an Office action, or other submission.

 

Please contact the undersigned with any questions.

 

 

 

 

Concetta A. Butler

Paralegal Specialist,

ITU/Divisional Unit

(571) 272 9494

(571) 273-9494

concetta.butler@uspto.gov

 

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.