Notice Complete Divisional

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF DIVISIONAL REQUEST COMPLETED

 

Serial Number 

 

The request to divide application serial no. 76/638797, filed on February 16, 2007, has been processed as follows:

 

(1)    Parent (original) application serial no. 76/638797 contains the following classes:  9 ((Based on Intent to Use) RADIOS, SUNGLASSES, NECK HANGING STRAPS FOR SUNGLASSES, SUNGLASS CASES, DIVING SUITS, SNORKELS, SWIM MASKS), 12 (BICYCLES, RACKS FOR VEHICLES FOR CARRYING SURF BOARDS), 14 (WATCHES AND BROOCHES), 18 (UMBRELLAS, HANDBAGS, PURSES, WALLETS, TOTE BAGS, GYM BAGS, BACKPACKS, ALL PURPOSE SPORTS BAGS), 21 ((Based on Intent to Use) PLATES, SAUCERS, BOWLS, TABLEWARE, SERVING PLATES AND DISHES, PLASTIC WATER BOTTLES FOR SPORTS, SOLD EMPTY), 24 ((Based on Intent to Use) BED, THROW AND WOOLLEN BLANKETS), 25 (RASH GUARDS, GLOVES, UNDERWEAR, SWEATERS, SOCKS, PANTS, MOTORCYCLE CAPS, SUSPENDERS, ROBES, WET SUITS, HATS, HEAD WEAR, SPORT COATS, SHORTS, JACKETS, DRESSES, BLOUSES, SWEATERS, PANTS, WARM-UP SUITS, SWEAT PANTS, BELTS, SUITS, SLEEP WEAR), 28 ((Based on Intent to Use) SWIM FINS, SURFBOARD WAX, BODYBOARDS, LEASHES FOR SURF BOARDS, SKATEBOARDS, SNOW BOARDS, TOY FLYING DISCS, EQUIPMENT SOLD AS A UNIT FOR PLAYING A BOARD GAME), 32 ((Based on Intent to Use) CARBONATED AND NON-CARBONATED BEVERAGES, NAMELY, SOFT DRINKS, FRUIT JUICES, FRUIT FLAVORED DRINKS, SPORTS DRINKS, SPARKLING WATER), 35 (RETAIL STORE SERVICES FEATURING JEWELRY, CLOTHING, HANDBAGS, SURFING, SKATE BOARDING, BOOGIE BOARDING AND SNOW BOARDING EQUIPMENT, WATER SPORTS EQUIPMENT AND ACCESSORIES THEREFOR, SUN GLASSES, SUN CREAMS; PROMOTING SPORTS COMPETITIONS AND/OR EVENTS FOR OTHERS) & 41 (ORGANIZING WATER SPORTS CONTESTS).  To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use before expiration of the notice of allowance or current extension period.  37 C.F.R. §§2.88(a) and 2.89(g).

 

(2)    Child application serial no. 76/978567 contains the following classes:  6 (NON-LUMINOUS AND NON-MECHANICAL METAL SIGNS), 9 ((Based on Use in Commerce) ELECTRIC WALL SWITCH PLATES, THERMOMETERS), 11 (LAMPSHADES, LAMPS), 14 ((Based on Use in Commerce) JEWELRY, NAMELY BRACELETS, EARRINGS, NECKLACES; CLOCKS, PENDANTS), 16 (STICKERS, CALENDARS, POSTERS, MEMBERSHIP CARDS, NAMELY CUSTOMER SHOPPING PREFERENCE CARDS MADE OF PAPER, COASTERS MADE OF PAPER), 18 (TOTE BAGS), 21 ((Based on Use in Commerce) CUPS, MUGS, TABLEWARE, NAMELY DRINKING GLASSES), 24 ((Based on Use in Commerce) FABRICS, NAMELY COTTON, NYLON, CHENILLE, NON-WOVEN TEXTILE, AND POLYESTER; TOWELS; CURTAINS; TABLECLOTHS; BED SHEETS; PILLOW CASES; COMFORTERS; TABLE LINEN, NAMELY, NAPKINS, AND PLACE MATS), 25 (SWEAT SHIRTS), 28 ((Based on Use in Commerce) VOLLEY BALLS, TOY AUTOMOBILES; SURFBOARDS), & 32 ((Based on Use in Commerce) BEER).  A statement of use filed on February 14, 2007, has been placed in the child application and routed to the examining attorney for examination.

 

37 C.F.R. §2.87; TMEP §§1110 et seq.

 

The PARENT APPLICATION HAS ABANDONED because neither a statement of use nor an extension request was filed for the goods and/or services in the parent application and the time period for filing a statement of use or extension request has since expired.  37 C.F.R. §§2.88 and 2.89. 

 

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. 

 

 

Please contact the undersigned with any questions regarding the request to divide.

 

 

 

 

/Antoinette Torregano/

Antoinette Torregano

Paralegal Specialist

ITU/Divisional Unit

571 272-9514

Fax # 571 273-9514

 

 

 

No response to this notice is required

 

 

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.