Intent to Use Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

INTENT TO USE OFFICE ACTION

 

 

Serial Number  76/499360

 

NOTICE OF LATE RECEIVED DOCUMENT

 

This letter is to advise you that your document(s) identified below was received late. ____x____Statement of Use

_________Extension Request

_________Statement of Use and Extension Request

 

A Statement of Use or Request for Extensions of Time to File a Statement of Use must be filed within six months following the issuance of a Notice of Allowance or during an existing extension period.  37 C.F.R. §§2.88(a) and 2.89(a).  The deadline expired on January 6, 2005.  The document identified above was received on February 7, 2005.  Accordingly, the document is late and will not be accepted. The application will be abandoned in due course and any fees submitted with the document will be refunded.

 

If the delay in filing the document was unintentional, Applicant can file a Petition to Revive.  37 C.F.R. §2.66. The petition must be filed within two months from the mailing date of the Notice of Abandonment.  It must include a $100 petition fee, a statement, signed by someone with firsthand knowledge of the facts, that the delay in filing the extension request or Statement of Use was unintentional. In addition, the petition should include an extension request or Statement of Use that meets the requirements of 37 C.F.R. §2.89, including the filing fee, plus the fees for any extension request that would have been due if the application never abandoned.  For additional information on filing a Petition to Revive, please contact the Office of the Commissioner for Trademarks at 703-308-8900.   

 

If you file a Petition to Revive, please note that you must file a Statement of Use or request for a further extension of time when it becomes due, even though the application has been abandoned. 37 C.F.R. §2.89(g).

 

 

 

 

 

Jeffrey Ginyard

Jeffrey Ginyard

Legal Instrument Examiner

ITU/Division

571/272-9498

571/273-9498 fax

 

 

 

 

 

 

 

 

If a response to this Office Action is required, you may:

 

• Respond via regular mail.  Your response should be sent to the “Return Address” identified above and include the serial number, the mark, the applicant’s name, the words “Response to Intent to Use Office Action” and your telephone number.

 

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