UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/457477
APPLICANT: Belk Stores Services, Inc.
|
|
|
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
|
MARK: Z UNIVERSE
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 30290/253272
CORRESPONDENT EMAIL ADDRESS: |
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..
|
Serial Number 76/457477
This letter responds to the applicant’s communication filed on December 28, 2004.
After careful consideration of the law and facts of the case, the examining attorney must deny applicant’s request to withdraw the final refusal and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue.
The time for appeal runs from the date the final action was mailed, June 30,2004. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c). The time for filing an appeal expired December 31, 2004.
This Office has declared the application abandoned for failure to file a complete response to the Office action. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). See TMEP §§718.03 and 718.03(a). Applicant’s letter filed on December 28, 2004 is an incomplete response to the Office action dated June 30, 2004 because a proper response to a final refusal is an appeal to the Trademark Trial and Appeal Board.
PLEASE NOTE: When a trademark examining attorney holds an application abandoned for failure to file a complete response, applicant may not file a petition to revive under 37 C.F.R. §2.66, based on unintentional delay. TMEP §§715.03(a) and 1714.01(f)(ii). However, applicant may file a petition to the Director under 37 C.F.R. §2.146 to request a reversal of the holding of abandonment. The Director will reverse the holding only if there is clear error or abuse of discretion. TMEP §1713
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Amos T. Matthews/
Examining Attorney
Law Office 108
(571) 272-9346