Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER AND SELECT FORM NUMBER 11:

 http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp

POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 7/26/2017

U.S. Registration Number  3170434

Your response to the outstanding Office action regarding the Combined Section 8 Affidavit & Section 9 Renewal Application was timely received on July 21, 2017.  After consideration of the response and the facts of record, the refusal to accept the Combined Section 8 Affidavit & Section 9 Renewal Application is maintained for the reason(s) set forth below.  The registration will be cancelled and expired in due course.

The Combined Section 8 Affidavit & Section 9 Renewal Application cannot be accepted because the substitute specimen did not show the registered trademark.

If you disagree with this refusal to accept the Combined Section 8 Affidavit & Section 9 Renewal Application, you may file a petition to the Director to review this decision.  37 C.F.R. §§2.146(a)(2), 2.165 and 2.186; TMEP §§1604.18 et seq and 1606.14 et seq.  The petition must be filed within six months from the issuance date of this letter and be accompanied by a fee of $100 if filed using the Trademark Electronic Application System (“TEAS”) or $200 if filed on paper.  37 C.F.R. §§2.6, 2.146(a)(2), 2.165(b) and 2.186(b).  Any facts to be proven on petition must be in the form of an affidavit or declaration under 37 C.F.R. §2.20; and signed by someone with firsthand knowledge of the facts to be proved.  37 C.F.R. §2.146(c).

To file a petition to the Director through TEAS, please use the “Petition to the Director under Trademark Rule 2.146” form located at 

http://www.gov.uspto.report/trademarks-application-process/filing-online/petition-forms (form no. 3).

/Vicky Copeland/

Trademark Specialist

Post Registration Division

Office of Trademark Services

(571) 272-9521

Fax (571) 273-9521

Email:vicky.copeland@uspto.gov

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.  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. For questions about the Office action itself, please contact the assigned specialist.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this registration will be placed in the official registration record.

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual owner or someone with legal authority to bind an owner (i.e., a corporate officer, a general partner, all joint owners). If an owner is represented by an attorney, the attorney must sign the response.

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status 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/trademarks/teas/correspondence.jsp.