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  76/579913

 

The request for extension of time to file a statement of use (extension request) filed on January 23, 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 ^, the APPLICATION IS ABANDONED.  15 U.S.C. §1051(d); 37 C.F.R. §2.89. 

 

EXTENSION REQUEST IS DEFICIENT AS FOLLOWS:

 

GOOD CAUSE STATEMENT OMITTED:  The submitted extension request omitted the required verified showing of good cause as to why use of the mark has not yet commenced, i.e., an explanation as to applicant’s ongoing efforts to make use of the mark in commerce.  This statement 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.

 

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 (571) 273-9550. 

 

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.

 

 

 

 

MCowan

Mary Cowan

Legal Instruments Examiner

ITU/Divisional Unit

(571) 272-9495

(571) 273-9495 (FAX)

 

 

 

 

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.