UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/399003

 

The examining attorney has reviewed the amendment to allege use filed on February 26, 2003.  The applicant (1) submitted dates of use, (2) submitted a declaration, and (3) submitted specimens of use.  The applicant must note the following. 

 

Information Regarding Request to Divide Application

If applicable, the applicant may, upon payment of the required fee, request that the application be physically divided into two or more separate applications in accordance with 37 C.F.R. §2.87.  See TMEP §§1110 et seq. regarding requests to divide.  Division of an application requires a fee of $100.00 per new application created.  37 C.F.R. §2.6(a)(19).  In addition, in the case of a request to divide out some, but not all, of the goods or services in a class, an application filing fee must be submitted for each new separate application which is created by the division.  37 C.F.R. §2.6(a)(1); TMEP §1110.02.  Any outstanding time period for action by the applicant at the time of division will apply to each new separate application created by the division.  37 C.F.R. §2.87(b); TMEP §1110.05.

 

Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date. 

 

A request to divide an application may be filed at any time between the filing of the application and the date the examining attorney approves the mark for publication; or, during an opposition, upon motion granted by the Trademark Trial and Appeal Board.  In addition, a request to divide an application under Trademark Act Section 1(b) may be filed with a statement of use under 37 C.F.R. §2.88 or at any time between the filing of a statement of use and the date the examining attorney approves the mark for registration.  37 C.F.R. §2.87(c); TMEP §1110.01.

 

If the applicant wishes to request division, the applicant should make the request in a separate paper from any other amendment or response in the application.  The title “Request to Divide Application” should appear at the top of the first page of the paper.  37 C.F.R. §2.87(d).

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

/Cheryl L. Steplight/

Trademark Examining Attorney

Law Office 103

202.581.2054 ext. 198

703.746.8103 (Fax)

 

 

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 E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm 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, 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 ASSIGNED EXAMINING ATTORNEY.