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  76/562035

 

GOOD CAUSE STATEMENT UNACCEPTABLE:  The submitted extension request does not specify the actions taken by applicant to make use of the mark in commerce.  Merely asserting that applicant is engaged in ongoing efforts is not sufficient; the efforts must be specified.  In re Comdial Corp., 32 USPQ2d 1863 (Comm’r Pats. 1993).  The explanation as to applicant’s ongoing efforts to use the mark in commerce must be verified in an affidavit or a declaration under 37 C.F.R. §2.20.  15 U.S.C. §1051(d)(2); 37 C.F.R. §2.89(b)(4); TMEP §1108.02(f). 

 

Examples of good cause include the following:  product or service research or development; market research; manufacturing activities; promotional activities; steps taken to acquire distributors; or steps taken to obtain required government approval.

 

EXAMPLE OF VERIFIED GOOD CAUSE STATEMENT:  The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified statement of applicant’s ongoing efforts to use the mark if properly completed and signed and dated by applicant or a person authorized to sign on behalf of applicant:

 

Applicant has made ongoing efforts to use the mark in commerce by engaging in the following activities (check those that apply below):

___  product and/or service research and development;

___  market research;

___  manufacturing activities;

___  promotional activities;

___  taking steps to acquire distributors; and/or

___  taking steps to obtain required government approval.

 

Applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services in the notice of allowance; the undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the applicant; and all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

 

______________________________

Signature

 

______________________________

Print/Type Name and Position

 

______________________________

Date

 

 

 

 

 

 

 

 

Concetta A. Butler

Paralegal Specialist,

ITU/Divisional Unit

(571) 272 9494

(571) 273-9494

concetta.butler@uspto.gov

 

 

 

 

 

 

 

 

 

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.