UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/661326
APPLICANT: AMBER FALLS WINERY AND CELLARS, LLC
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*76661326* |
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CORRESPONDENCE ADDRESS: OSCAR E. REED, JR. THE LABORDE LAW FIRM LLC 102 ASMA BOULEVARD, SUITE 100 LAFAYETTE, LA 70598-0098
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RETURN ADDRESS: Commissioner for TrademarksP. O. Box 1451Alexandria, VA 22313-1451 ATTN: Petitions Office
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MARK: AMBER FALLS
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MAILING DATEDecember 27, 2007 |
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT’S EMAIL ADDRESS:
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Please provide in your correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Notice. 3. Attn: Petitions Office 4. Your telephone number and e-mail address.
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Serial Number 76/661326
The petition to revive the above identified trademark application submitted on November 27, 2007 is incomplete because it does not comply with the minimum requirements for filing a petition. Trademark Rule 2.66, 37 C.F.R. §2.66; TMEP §1714. You are hereby provided THIRTY DAYS from the mailing date of this notice to complete your petition by submitting the requirements identified below. If the required item(s) are not received on or before the expiration of the thirty-day period, the petition will be denied, without consideration on the merits and the application will remain abandoned. 37 C.F.R. §2.66.
The first extention request has not been properly verified. A statement in the extension request that “applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services under §1(b) in the notice of allowance,” was not properly verified. This statement, verified by affidavit or declaration under 37 C.F.R. §2.20, and signed by applicant or a person authorized to sign on behalf of applicant, is one of the minimum filing requirements. 15 U.S.C. §1051(d)(2); 37 C.F.R. §§2.89(a)(3) and (b)(3); TMEP §§804.04 and 1108.02(b).
EXAMPLE OF VERIFIED STATEMENT OF APPLICANT’S “BONA FIDE INTENT TO USE THE MARK IN COMMERCE:” The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified statement that “applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services under §1(b) in the notice of allowance,” if signed and dated by applicant or a person authorized to sign on behalf of applicant. NOTE: If applicant does not intend to use the mark on all the goods or services under §1(b) in the notice of allowance, then applicant must modify the declaration below to (1) specify the goods and/or services to be deleted, or (2) specify the goods and/or services for which applicant intends to use the mark in commerce. TMEP §§1108.02(b) and (d).
Applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services under §1(b) in the notice of allowance; the undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the applicant; and all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
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Please note that in addition, the second extension request or a statement of use will become due on or before April 10, 2008. Filing a petition does not stay the time for filing these papers. Trademark Rule 2.89(g), 37 C.F.R. §2.89(g); TMEP §§1108.05 and 1714.01(b)(i).
/Deborah D Mays/
Paralegal Specialist
Office of Petitions
Phone: (571) 272-9575
Fax:(571) 273-9575
How to respond to this Office Action:
Your response should be sent to the Return Address listed above and should include a title “Response to Petition to Revive Notice of Deficiency.”.
Use a “CERTIFICATE OF MAILING”
The filing date of a document in the United States Patent and Trademark Office (USPTO) is the date of receipt in the Office, not the date of deposit in the mail. Trademark Rule 2.195. To avoid lateness due to mail delay, include a signed and dated certificate of mailing with your response.
Certificate of mailing under Trademark Rule 2.197:
I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail postage prepaid in an envelope addressed to: Commissioner for Trademarks, P.O. Box 1451, Alexandria, Virginia 22313-1451, on __________________ (Date).
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