Intent to Use Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

INTENT TO USE OFFICE ACTION

 

 

Serial Number  76/573045

 

The request for extension of time to file a statement of use (extension request) filed on January 19, 2006, does not meet the minimum filing requirements and is not accepted for the reason(s) set forth below.  Since the time period for filing an extension request or statement of use expired on January 19, 2006, the APPLICATION IS ABANDONED.  15 U.S.C. §1051(d); 37 C.F.R. §2.89. 

 

EXTENSION REQUEST IS DEFICIENT AS FOLLOWS:

 

NO VERIFIED STATEMENT OF APPLICANT’S “BONA FIDE INTENT TO USE THE MARK IN COMMERCE” SUBMITTED:  The statement that “applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services under §1(b) in the notice of allowance,” was omitted from the extension request.  This statement, verified by affidavit or declaration under 37 C.F.R. §2.20, and signed by applicant or a person authorized to sign on behalf of applicant, is one of the minimum filing requirements.  15 U.S.C. §1051(d)(2); 37 C.F.R. §§2.89(a)(3) and (b)(3); TMEP §1108.02(e).

 

EXAMPLE OF VERIFIED STATEMENT OF APPLICANT’S “BONA FIDE INTENT TO USE THE MARK IN COMMERCE:”  The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified statement that “applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services under §1(b) in the notice of allowance,” if signed and dated by applicant or a person authorized to sign on behalf of applicant.  NOTE:  If applicant does not intend to use the mark on all the goods or services under §1(b) in the notice of allowance, then applicant must modify the declaration below to (1) specify the goods and/or services to be deleted, or (2) specify the goods and/or services for which applicant intends to use the mark in commerce.  TMEP §§1108.02(b) and (d).

 

Applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services under §1(b) 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

 

 

 

ENSURE TIMELY SUBMISSION OF RESPONSES AND PETITIONS:  Please note that the filing date of a document in the United States Patent and Trademark Office is the date of receipt in the Office, not the date of deposit in the mail.  37 C.F.R. §2.195.  To avoid lateness due to mail delay, applicant is encouraged to submit its response by fax, using a certificate of facsimilar transmission on the response.  The fax number is ^. 

 

The following is a properly worded certificate of facsimile transmission.  Applicant should add this certificate, properly completed, to its response before transmission.

 

CERTIFICATE OF FAX TRANSMISSION:

I hereby certify that this correspondence is being facsimile transmitted to the United States Patent and Trademark Office on the date below.

 

________________________________

Signature

 

________________________________

Print/Type Name of Signer

 

________________________________

Date

 

If applicant intends to submit its response via regular mail, then applicant is encouraged to use a certificate of mailing on the submitted documents.  37 C.F.R. §2.197.  The following is a properly worded certificate of mailing for responses submitted on paper by regular mail. 

 

CERTIFICATE OF MAILING:

I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to:  Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA, 22313-1451, on the date below.

 

________________________________

Signature

 

________________________________

Print/Type Name of Signer

 

________________________________

Date

 

There is no time remaining in the statutory time period for filing a statement of use.  Therefore, the application is abandoned.

 

Please call the undersigned with any questions.

 

 

 

APPLICANT’S OPTIONS:  Applicant has the option to (1) file a petition to revive this application under 37 C.F.R. §2.66 before expiration of the two month period after the mailing date of the notice of abandonment (the notice of abandonment will issue shortly after this Office action), or (2) file a new application.  Please view the online information sheet at http://www.gov.uspto.report/teas/petinfo.htm for information about petitions to revive.  Applicant is encouraged to file a petition to revive online using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html.

 

 

 

 

 

 

John Wood

Supervisor, Legal Instrument Examiners

ITU/Divisional Unit

571-272-9515

 

 

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