Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
www.uspto.gov
June 5, 2006
3000 K STREET, N.W., SUITE 500
Serial No: 76/593864
Applicant: CLVR Pty Ltd.
Mark: GAZETRAK
Your request was received on April 4, 2006.
Under 37 C.F.R. Section 2.19(b), an individual authorized to represent an applicant or party in a trademark case may withdraw upon application to and approval by the Commissioner. Under 37 C.F.R. Section 10.40(a), a practitioner shall not withdraw from employment until the practitioner has taken reasonable steps to avoid foreseeable prejudice to the rights of the applicant.
A request to withdraw as counsel for an applicant must be accompanied by: (1) a statement of the reason(s) for the request to withdraw; (2) a statement that the attorney has given due notice to the applicant that the attorney is withdrawing from employment and will be filing the necessary papers with the Patent and Trademark Office; (3) a statement that the attorney has delivered to the applicant all papers and property in the attorney's file concerning the prosecution of the application; (4) a statement that the attorney notified the applicant of any responses that may be due and the time frame within which applicant must respond; and (5) a statement that the applicant was given notice of the attorney’s withdrawal from employment at least two months prior to the expiration of the response period. In re Slack, 54 USPQ2d 1504.
Your request to withdraw is denied because it does not include a statement or statements that the attorney has given due notice to the applicant that the attorney is withdrawing from employment and will be filing the necessary papers with the Patent and Trademark Office, that the attorney has delivered to the applicant all papers and property in the attorney's file concerning the prosecution of the application, that the attorney notified the applicant of any responses that may be due and the time frame within which applicant must respond, and that the applicant was given notice of the attorney's withdrawal from employment at least two months prior to the expiration of the response period.
The request to withdraw is denied without prejudice to its resubmission in accordance with 37 C.F.R. Section 10.40(a) as specified above.
Accordingly, the attorney of record remains responsible for prosecution of the application.
/Susan C. Hayash/
Trademark Senior Attorney
Law Office 107
(571)272-9362 (phone)
(571)273-9107 (fax)
cc: CLVR Pty Ltd.
Unit 4, 17 Gibberd Road, Balcatta
Western Australia, 6021, AUSTRALIA