Incomp ITU Extension

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF INCOMPLETE EXTENSION REQUEST

 

TO AVOID THE DENIAL OF YOUR REQUEST FOR EXTENSION OF TIME TO SUBMIT A STATEMENT OF USE, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE  WITHIN THIRTY (30) OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/479379

 

The request for extension of time to file a statement of use (extension request) filed on February 6, 2006, meets the minimum filing requirements and is provisionally accepted.  However, applicant must submit $150.00 in fees to cover all the class(es) identified in the notice of allowance.  The additional fee(s) must be received in the United States Patent and Trademark Office (USPTO) within thirty (30) days from the mailing date of this letter, or before expiration of the current extension period, whichever is longer.  If no response is submitted, then the USPTO will delete one class from the application, in descending numerical order, beginning with the highest numbered class.  TMEP §1108.02(c). 

 

FEE(S) INSUFFICIENT:  The fee of $150.00 submitted with the extension request is insufficient to cover all the classes identified in the notice of allowance.  Although a filing fee for at least one class of goods and/or services is one of the minimum filing requirements for an extension request, fees for all classes specified in the notice of allowance are required in order to perfect the extension request.  The filing fee is $150 per class.  15 U.S.C. §1051(d)(2); 37 C.F.R. §§2.6(a)(4) and 2.89(a)(2) and (b)(2); TMEP §1108.02(c).  In this case, the notice of allowance specifies two classes and the filing fee for an extension request with this number of classes is $300.00.

 

ENSURE TIMELY SUBMISSION OF RESPONSES AND PETITIONS:  Please note that the filing date of a document in the United States Patent and Trademark Office is the date of receipt in the Office, not the date of deposit in the mail.  37 C.F.R. §2.195.  To avoid lateness due to mail delay, applicant is encouraged to use a certificate of mailing under 37 C.F.R. §2.197 on the submitted documents.

 

The following is a properly worded certificate of mailing.  Applicant should add this certificate, properly completed, to its submission.

 

CERTIFICATE OF MAILING:

I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail postage prepaid in an envelope addressed to:  Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA, 22313-1451, on _____________________________ (specify calendar date).

 

________________________________

Signature

 

________________________________

Print/Type Name of Signer

 

________________________________

Date Signed

 

 

 

There is time remaining in the statutory time period for filing a statement of use.  Applicant must respond to the outstanding issues raised in the Office action within the specified time period to avoid abandonment of the application. 

 

Please call the undersigned with any questions.

 

 

Sincerely,

 

 

Pamela Smith

Paralegal Specialist

ITU/Divisional Unit

571/272-9509

571/273-9509 Fax

 

 

 

 

 

 

How to respond to this Office Action:

 

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 INTENT TO USE UNIT.