| To: | BREWER, RICHARD KEITH (dtakakjian@nyc.rr.com) |
| Subject: | TRADEMARK APPLICATION NO. 76532574 - BARLEYJUICE - N/A |
| Sent: | 5/2/04 2:25:39 PM |
| Sent As: | ECom115 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/532574
APPLICANT: BREWER, RICHARD KEITH
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CORRESPONDENT ADDRESS: DEBRA TAKAKJIAN DEBRA TAKAKJIAN 20 W. 87TH STREET NEW YORK, NY 10024
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: BARLEYJUICE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: dtakakjian@nyc.rr.com |
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 76/532574
NOTICE OF SUSPENSION
This letter responds to the applicant’s communication filed on March 25, 2003.
The applicants (1) provided evidence that the mark has been used on more than one musical sound recording; (2) amended the identification of goods in International Class 9; (3) amended the recitation of services in International Class 41; and (4) provided a substitute specimen for the Class 41 services. All of the foregoing are acceptable. The “failure to function” refusals are hereby withdrawn.
However, it is noted that an assignment involving this application is presently pending before the Office. Action is suspended on this application pending recordation of the assignment. This application will be removed from suspended status upon recordation of the assignment. Notification of recordation is normally done through Office channels. However, upon receipt of the reel and frame number of the assignment, applicant should advise the Examining Attorney. See 37 C.F.R. Part 3.
In their March 25 response, the applicants write that “pursuant to paragraph 8 of the annexed Partnership Agreement, kindly amend the owners of record from the 3 individuals to Barleyjuice (U.S. Partnership) . . .” While an assignee is not required to record the assignment in order to take an action with respect to an application or registration (see TMEP §502) , the assignee must record the assignment to obtain a certificate of registration in the name of the assignee. TMEP §502.01. The name of a new owner or the new name of an applicant may not be entered into the TRAM System unless there is a title report in the application file indicating the recordation of an assignment or change of name and showing a clear chain of title. Id.
The Office will issue a certificate of registration to the assignee of the applicant, or in a new name of the applicant, only if the new owner: (1) files a written request that the registration be issued in the new name; and (2) records the appropriate document (e.g., assignment document, change of name certificate) in the Assignment Services Division. 37 C.F.R. §3.85. The new owner bears the burden of recording and notifying appropriate Office personnel of assignments or changes of name to ensure that the registration issues in the name of a new owner. TMEP §502.01.
If the applicant has any questions concerning this Office action, please telephone the assigned examining attorney.
/Barbara A. Gaynor/
Barbara A. Gaynor
Examining Attorney
Law Office 115
(703) 308-9115 ext. 123