Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION

 POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 10/24/11

Registration Number  2939476

The Section 8 Affidavit, filed on October 11, 2011, is not accepted for the reason(s) set forth below.

FEES

The owner must submit the filing fee of $100 for the submitted Section 8 Affidavit in 12 class.  37 C.F.R. §2.161(d)(1); TMEP §1604.06(a).  The fee for filing a Section 8 Affidavit is $100 per class.  37 C.F.R. §2.6.  The required fee was not submitted with the Section 8 Affidavit.

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration.  37 C.F.R. §2.163(b)-(c); TMEP §§1604.16, 1604.17(b).

DEFICIENCY SURCHARGE REQUIRED:  The owner must submit a $100 deficiency surcharge with its response to this Office action.  37 C.F.R. §§2.6, 2.164(a)(2); TMEP §1604.17(b).

1604.06(b) Grace Period Surcharge and Deficiency Surcharge

If the affidavit or declaration is filed during the grace period under §8(a)(3) of the Act, 15 U.S.C. §1058(a)(3), it must include the grace period surcharge per class required by 37 C.F.R. §2.6.

Section 8(c) of the Trademark Act, 15 U.S.C. §1058(c), requires a “deficiency surcharge” for correcting deficiencies in the affidavit or declaration after expiration of the deadlines specified in §8. See TMEP §§1604.17 et seq. regarding the deadlines and surcharge for correcting deficiencies.

Only a single deficiency surcharge is required for correcting one or more deficiencies in a multiple-class registration. Similarly, only a single deficiency surcharge is required to correct several deficiencies within one §8 affidavit or one combined filing under §§8 and 9. See TMEP §1604.19 regarding combined filings under §§8 and 9.

The grace period surcharge applies only where no filing was made during the sixth year after the date of registration (or date of publication under §12(c) of the Act), or within the year before the end of any ten-year period after the date of registration. An owner who files within these periods, but corrects a deficiency after these periods have expired, will be subject to the deficiency surcharge only. On the other hand, someone who files during the grace period and cures deficiencies after expiration of the grace period will be subject to both the grace period surcharge (for the ability to file the affidavit during the grace period) and the deficiency surcharge (for the ability to correct a deficiency after the end of the grace period). H.R. Rep. No. 105-194, 105^th Congress, 1^st Sess. 17 (1997).

The Post Registration Paralegal has determined that the amounts indicated below are outstanding:

$     100     Section 8 affidavit filing fee (fee code 7205)

$   100      Section 8 affidavit deficiency surcharge (fee code 7207)

How to find Trademark Fee Information

Go to

1) www.USPTO.GOV

2) under title Trademarks

3) #7 View Fee Schedule (double click)

4)  Choose a method of payment, (double click Highlighted Blue font) follow instructions.

You must notify the undersigned Trademark Specialist, when the required fees have been submitted.

How to respond to this Office Action:

(ADVISORY NOTE:MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.)

Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form at http://www.gov.uspto.report/teas/eTEASpageD.htm.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

You may also submit a response via regular mail to: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451, e-mail(specimen substitution must be in a j-peg form), or facsimile, the response must include the following: registration number, office location 'Post Registration', and name of Trademark Specialist to expedite forwarding.

WHO MUST SIGN THE RESPONSE:  It must be personally signed by (1) an individual registrant; (2) someone with legal authority to bind registrant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent registrant. 

The filing date of a document with the Office is the date the document is received in the Office.  37 C.F.R. §2.195(a); TMEP §§303 and 303.01.  However, if a “certificate of mailing” by first class mail or a “certificate of facsimile transmission” under 37 C.F.R. §2.197 is added to the response and the procedures in 37 C.F.R. §§2.195(c) and 2.197 are satisfied, then the document will be considered timely filed if the document is mailed or transmitted prior to expiration of the response time period regardless of whether it was received in the Office after the response time period.  TMEP §§305.02 and 306.05 et seq.

Certificate of Mailing under 37 C.F.R. §2.197:

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

____________________________

Signature

____________________________

Typed or Printed Name

____________________________

Date

Certificate of Facsimile transmission under 37 C.F.R. §2.197:

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

____________________________

Signature

____________________________

Typed or Printed Name

____________________________

Date

To expedite inquiries about this office action, please contact the undersigned Trademark Specialist via e-mail.

Should you need assistance for the following: Navigating through USPTO website, Post Registration TEAS Response applications, or general Trademark questions please contact: TrademarkAssistanceCenter@uspto.gov, or telephone either 571-272-9250 or 1-800-786-9199.

How to find Post Registration Response Application

Go to

1) www.USPTO.GOV

2) under title Trademarks

3) #3 File Forms on line (double click)

4) #2 Response Forms (double click)

5) scroll down to #9 Response Application to Post Registration Office Action (double click) proceed in completing the form

CHECK THE STATUS OF THE REGISTRATION OR REVIEW INCOMING & OUTGOING CORRESPONDENCE:  To check the status of your registration at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/.  Please keep a copy of the complete TARR screen.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.

/DAWN HEMBRY/

DAWN.HEMBRY@USPTO.GOV

TRADEMARK SPECIALIST

POST REGISTRATION DIVISION

571-272-9506(OFFICE)

571-273-9506(FAX)