Intent to Use Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

INTENT TO USE OFFICE ACTION

 

 

Serial Number  76/567663

 

The Request for Extension of Time to File a Statement of Use, received on June 28, 2005, is denied for the following reason(s):

 

The papers do not include a verification or declaration as required by 15 U.S.C. §1051(d)(2).   If the statement of the applicant's continued bona fide intention to use the mark in commerce on or in connection with the specified goods or services is supported by the following declaration, the document need not be notarized:

 

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that 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 or Type Name and Position)

_____________________________

                     (Date)

 

Since the period of time within which the applicant could file either an acceptable extension request or a Statement of Use has expired, the application will be abandoned in due course.

Applicant’s only recourse from the denial of this extension request is to 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 a complete extension request was unintentional. In addition, the petition should include an extension request 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 the next 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).

 

 

 

 

 

 

 

MCowan

Mary Cowan

Legal Instruments Examiner

ITU/Divisional Unit

(571) 272-9495

(571) 273-9495 (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