UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/429477
APPLICANT: CCI Thermal Technologies Inc.
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CORRESPONDENT ADDRESS: DOUGLAS B. THOMPSON THOMPSON LAMBERT LLP 81 AVENUE, SUITE #200 EDMONTON, ALBERTA CANADA T6E 1X2
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: QUIKLITE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/429477
NOTICE OF SUSPENSION
This is in response to the communication of December 8, 2003. The applicant’s foreign application is still pending and has not yet issued to registration.
Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from the applicant's country of origin. If the registration is in a foreign language, an English translation must be submitted. The true copy, photocopy, certification, or certified copy of the registration should be forwarded to the Examining Attorney as soon as possible. If the foreign application is abandoned, the Examining Attorney should be advised.
If applicant wishes to proceed relying on the applicant’s intent to use the mark in commerce under Trademark Act Section 1(b) as the sole basis for registration, with the claim of priority under Section 44(d), then applicant should so advise the trademark examining attorney. TMEP §§806.02(f) and 806.04(b). If applicant chooses to do so, this Office will approve the mark for publication without waiting for applicant to submit a copy of the foreign registration, once all other outstanding issues are resolved. Moreover, while the application may be approved for publication, the mark will not register until after an acceptable allegation of use has been filed.
If applicant does not indicate otherwise, this Office will presume that applicant wishes to rely on the foreign registration as an additional basis for registration and will require applicant to submit the copy of the foreign registration and, if appropriate, an English translation signed by the translator. TMEP §§1004.01 and 1004.01(b).
Should applicant submit a foreign registration, the applicant will then proceed under a dual bases of section 1(b) and 44(e). The foreign registration alone may serve as the basis for obtaining a U.S. registration resulting from this application. The applicant must advise the examining attorney, however, if the applicant intends to rely solely on the foreign registration as the basis for registration, and, thus delete the section 1(b) basis.
Unless the applicant indicates otherwise, this Office will presume that the applicant wishes to rely on Section 1(b) as well as on Section 44(e) as the bases for registration. In this case, although the application may be approved for publication, the mark will not be registered until an acceptable allegation of use has been filed.
All other requirements have been accepted and made part of the record.
/William T. Verhosek/
Examining Atty/LO 114
703-308-9114x142
(Fax) 703-746-8114