UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/641445
APPLICANT: COMPOSITE TECHNOLOGY CORPORATION
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ACCC
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/641445
This letter responds to the applicant’s communication filed on February 15, 2007.
The applicant’s amended identification of goods is acceptable and has been made of record.
Regarding the refusal to register the applicant’s mark under Trademark Act Section 2(d), the examining attorney has carefully reviewed the request for reconsideration and is not persuaded by applicant’s arguments. No new issue has been raised and no new compelling evidence has been presented with regard to the point(s) at issue in the final action. TMEP §715.03(a). Therefore, the request for reconsideration is denied and the final refusal is continued.
Because applicant has not filed an appeal with the Trademark Trial and Appeal Board, and there is no time remaining in the response period, the application will be declared abandoned in due course for failure to file a persuasive and complete response to the final Office action. 37 C.F.R. §2.65(a).
An unsuccessful request for reconsideration of a final refusal that is not accompanied by a notice of appeal is treated as an “incomplete response” to the final Office action. 37 C.F.R. §2.64(a); TMEP §1714.01(f)(ii). Where the trademark examining attorney has continued the refusal(s) and/or requirement(s), and the deadline for response to the final action has expired, then the application is deemed abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §715.03(c). The filing of a request for reconsideration does not extend the time for filing a proper response to the final action, which runs from the date the final action was mailed. 37 C.F.R. §2.64(b); TMEP §§715.03 and 715.03(c).
PLEASE NOTE: If a request for reconsideration is denied and the application is held abandoned, then applicant may file a petition to the Director under 37 C.F.R. §2.146 to reverse the trademark examining attorney’s holding of abandonment. TMEP §715.03(a). However, the trademark examining attorney’s action will be reversed on petition only if there has been clear error or abuse of discretion. See TMEP §1713. The unintentional delay standard of 37 C.F.R. §2.66 does not apply in this situation. See TMEP §1714.01(f)(ii). A fee of $100 must accompany the petition. 37 C.F.R. §2.6.
/James A. Rauen/
Trademark Examining Attorney
Law Office 109
Phone 571-272-9211
Fax 571-273-9109
NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS: In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant. Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.gov.uspto.report/external/portal/tow. The Office action will not be attached to the e-mail notice. Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address. TDR is available 24 hours a day, seven days a week, including holidays and weekends. This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments.