Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

Serial Number   76/590530      

NOTICE OF SUSPENSION

The assigned trademark examining attorney has reviewed the referenced application filed on May 5, 2004, and has determined the following.

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from the applicant's country of origin.  If the registration is in a foreign language, an English translation must be submitted. The true copy, photocopy, certification, or certified copy of the registration should be forwarded to the Examining Attorney as soon as possible.  If the foreign application is abandoned, the Examining Attorney should be advised.

Applicant may proceed solely on intent to use basis

This application is otherwise in condition for publication.  Therefore, action on this application is SUSPENDED pending receipt of the foreign registration and, if appropriate, an English translation signed by the translator.  TMEP §§806.02(f) and 1003.04.

If applicant wishes to proceed relying on its intent to use the mark in commerce as the sole basis for registration, then applicant may notify the trademark examining attorney accordingly, and request that the mark be approved for publication based solely on the Section 1(b) basis.  If applicant does so, applicant will still retain its priority claim under Section 44(d).  TMEP §§806.02(f) and 806.04(b).  Although the application may be approved for publication, the mark will not register until after an acceptable allegation of use has been filed.

When an application is filed pursuant to Section 44(d), this Office presumes, unless otherwise indicated, that the applicant intends to rely upon the resulting foreign registration as a basis for registration in the United States.  TMEP §§806.02(f) and 1003.03.  Under such circumstances, the application may not be approved for publication until a copy of the foreign registration and, if appropriate, an English translation signed by the translator, have been filed.  TMEP §1004.01(b).

NOTICE:  TRADEMARK OPERATION RELOCATION

The Trademark Operation has relocated to Alexandria, Virginia.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

/Warren L. Olandria/

Attorney Advisor

Law Office 112

(571) 272-9718