Offc Action Outgoing

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  76/434669

 

            This Office Action responds to the applicant’s letters dated January 9, 2003 and February 6, 2003.

 

            It is noted that a paralegal signed the letters dated January 9, 2003.

 

            Individuals who are not attorneys are not recognized to practice before the Office in trademark and other non-patent cases, except that individuals not attorneys who were recognized to practice before the Office in trademark cases under this chapter prior to January 1, 1957, will be recognized as agents to continue practice before the Office in trademark cases.  See 37 CFR §10.14.

           

            Where counsel represents an applicant, the Office encourages the practice of direct communication with the appointed attorney(s).  While paralegals and legal assistants may convey information between the examining attorney and the appointed attorney(s), they are not authorized to conduct business before the Office.  See 37 C.F.R. §10.14(b).  For example, the Office cannot accept responses to Office actions that are signed by legal assistants or paralegals, nor may the Office issue examiner's amendments or priority actions based solely on telephone conversations with paralegals or legal assistants.  Paralegals and legal assistants are not authorized to negotiate, argue a position, officially accept or reject Office requirements, or otherwise prosecute a matter before the Office.  See Trademark Manual of Examining Procedure Section 602, (3rd Edition January 2002).

 

This examining attorney will only discuss the merits of this application and accept amendment communications from the applicant’s counsel.  Therefore, the January 9, 2003 response is hereby treated as nonresponsive.                       

 

            Based only upon the February 6, 2003 response, please note that the refusal under Section 2(d) and the note regarding the prior pending applications are hereby  withdrawn.  In addition,  a claim of ownership in these prior registrations has been entered into the record.

 

            The applicant’s amended drawing is accepted and made of record as is the amended identification of goods.  As such, this is now an attempt at a multi-class application

 

            In the November 1, 2002 Office Action, this examining attorney  required that additional filing fees be paid, should the applicant amend its identification of goods to include more than one International Class . 

 

            In the response dated February 6, 2003, the applicant did amend its identification to include a total of five International Classes and the applicant authorizes the office to deduct four additional filing fees.  However, when the examining attorney attempted to deduct the fees, he discovered that the applicant’s deposit account contained insufficient funds.  Therefore, the applicant has not complied with the examining attorney’s multi-class application requirements, namely, that the applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  NOTE:  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.  

 

            The applicant can submit its additional funds to the office by contacting the Deposit Account Administrator (Ms. Karen Parrish) at (703) 305-4631.

 

            Deposit funds can be mailed to :

 

            USPTO

            ATTN: Deposit Account

            2011 Crystal Drive

            Arlington, VA  22202

 

            Nevertheless, the requirement that the applicant pay the additional filing fees is maintained and made FINAL. 

 

            Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); Trademark Manual of Examining Procedure Section 715.01, (3rd Edition January 2002).  Regarding petitions to the Director, see 37 C.F.R. §2.146; Trademark Manual of Examining Procedure Section Chapter 1700, (3rd Edition January 2002).  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. §2.65(a). 

 

 

 

 

 

 

/John D. Dalier/

Trademark Examining Attorney

Law Office 105

(703) 308-9105, ext. 131

Fax (703) 872-9875

ecom105@uspto.gov

 

 

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.