Offc Action Outgoing

THE WORLD'S ONLY "WORD OF MOUTH" HEATING & COOLING SYSTEMS

VenVest, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/504507

 

    APPLICANT:                          VenVest, Inc.

 

 

        

*76504507*

    CORRESPONDENT ADDRESS:

    ANNETTE P. HELLER

    14323 SOUTH OUTER FORTY DRIVE

    SUITE 512 S

    TOWN & COUNTRY, MO 63017

   

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

 

    MARK:          THE WORLD'S ONLY "WORD OF MOUTH" HEATING ETC.

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   V119/99 129T

 

    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.

 

 

 

OFFICE ACTION AFTER FINAL REFUSAL

 

Serial Number 76/504507

 

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 November 12, 2004 is an incomplete response to the Office action dated May 10, 2004, because it failed to respond to the requirements regarding the identification of goods and the disclaimer issues.  Applicant’s proposed amendment to the goods would have been an impermissible amendment beyond the scope of the application.  For this reason, the applicant’s goods as defined in the identification remained not  “goods in trade” regarding which a registration could issue.

 

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.

 

 

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.

 

 

/ELIZABETH J. WINTER/

 

 

How to respond to this Office Action:

 

You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail).  PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.

 

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.

 


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