UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/519844
APPLICANT: Classic Foods International Corporation
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: CLASSICS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1006.202
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.
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Serial Number 76/519844
This Office has declared the application abandoned for failure to file a complete response to the Final 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 response filed on 2/24/05 is an incomplete response to the Final Office action dated 8/24/04 because it does not raise any new issues related to the Final Refusal under section 2(e)(1).
While the Amendment to Allege Use is acceptable, it is not a substantive response to the descriptiveness refusal. As per TMEP §715.01, a proper response to a final under 2e1 would have been a) an amendment requesting registration on the Supplemental Register; or b) an amendment seeking registration on the Principal Register under section 2(f). The response did not include either of these. Therefore, the application stands abandoned.
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. For information on filing a petition to the Director, see TMEP §1705 available at the USPTO website at www.gov.uspto.report/main/trademarks.htm
If the applicant files a petition to the Director, the petition should be sent to the following address:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
(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
/Chris Doninger/
Senior Supervisory Attorney
Law Office 105
(571) 272-9297