Offc Action Outgoing

RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

Serial Number 76/399294

This application has been reinstated by the Commissioner for Trademarks. The Office records have been searched again and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

Applicant has stated that it did not receive the previous Office action. The trademark examining attorney has determined that all the issues raised in the Office action are still valid. If the previous Office action contained fee information or requirements, please confirm current fee information at http://www.uspto.gov.

A copy of the Office action along with any supporting documents, can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow. Enter the serial number of this application in the box labeled NUMBER and click on the SUBMIT button. The Office action can then be viewed by clicking the link labeled “Offc Action Outgoing” next to the Mail/Create Date of September 20, 2004 in Trademark Document Retrieval (TDR). If applicant has any problems viewing the Office action, please contact the trademark examining attorney.

Applicant has 6 months from the date of this Office action to respond to the issues raised in the previous Office action.

Ownership

Please note, the examining attorney has reviewed the assignment record of the present application. The chain of title for the application is broken and clarification is needed. Before a registration can issue in the name of the current owner, the applicant must record the documents necessary to complete the chain of title with the Assignment Services Division, and notify the examining attorney that they have been recorded.

The application record indicates that the mark has been assigned from Newell Rubermaid Inc. to Global Home Products LLC., and that this assignment has been recorded with the Assignment Services Division of the Office on May 6, 2004. The application record also indicates that the mark has been further assigned from Mirro Operating Company LLC. to Congress Financial Corporation, and that this assignment has been recorded wit the Assignment Services Division of the Office in July of 2004.

However, Office records do not show a clear chain of title because there is no evidence of a transfer from Global Home Products LLC. to Mirro Operating Company LLC.

The Office will not issue any registration resulting from this application in the name of the new owner of the mark unless the documents recorded in the Assignment Services Division show a clear chain of title from the original owner of the application, as filed, to the present owner. 37 C.F.R. §3.85; TMEP §502.02(a).

See TMEP §§504 et seq, regarding the situations in which the records of the Trademark Operation are automatically updated after an assignment, merger or name change is recorded with the Assignment Services Division.

/G. Fosdick/

Geoffrey Fosdick

Trademark Attorney

Law Office 111

(540) 851-0865

HOW TO RESPOND TO THIS OFFICE ACTION:

ONLINE RESPONSE: You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.