UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/429767
APPLICANT: EXLSERVICE HOLDINGS, INC.
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CORRESPONDENT ADDRESS: BARTH X. DEROSA STEVENS, DAVIS, MILLER & MOSHER, LLP 1615 L STREET, NW, SUITE 850 WASHINGTON, DC 20036
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: EXL
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CORRESPONDENT’S REFERENCE/DOCKET NO: 112/00125/B-
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 76/429767
Reconsideration Denied – Abandoned in Due Course
Upon careful review of the request for reconsideration, the trademark examining attorney finds the arguments set forth therein unpersuasive and determines that no new issue has been raised and no new compelling evidence has been presented with regard to the point(s) at issue in the final action. TMEP §715.03(a). Specifically, the proposed amendment “technical assistance in the field of personal computer hardware” is unacceptable since applicant has failed to indicate the type of service contemplated by the indefinite description “technical assistance”. The requirement for an acceptable identification is therefore continued.
Since there is no time remaining in the response period and applicant has not filed an appeal with the Trademark Trial and Appeal Board, the application will be declared abandoned in due course for failure to respond to the final Office action. 37 C.F.R. §2.65(a). The filing of a request for reconsideration does not extend the time for filing a proper response to the final action, which runs from the date the final action was mailed. 37 C.F.R. §2.64(b); TMEP §§715.03 and 715.03(c).
PLEASE NOTE: Applicant may not file a petition to revive under 37 C.F.R. §2.66, based on unintentional delay. TMEP §§715.03(c) and 1714.01(f)(ii). A request for reconsideration of a final refusal that is not accompanied by a notice of appeal is treated as an incomplete response to the final Office action. 37 C.F.R. §2.64(a); TMEP §1714.01(f)(ii). If the trademark examining attorney continues the refusal(s) and/or requirement(s), and the deadline for response to the final action has expired, the application is abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §715.03(c).
/Yong Oh (Richard) Kim/
Trademark Examining Attorney
Law Office 115
(703) 308-9115 ext. 434
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, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.