UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76678732
APPLICANT: Terner, Jonathan
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February 12, 2009 |
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: BIOTRICITY
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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. Examiner’s name and “Intent to Use Section”. 4. Your telephone number and e-mail address.
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Serial Number 76678732
EXTENSION REQUEST MEETS MINIMUM REQUIREMENTS – OTHER REQUIREMENTS NEED SATISFYING
The request for extension of time to file a statement of use (extension request) filed on February 11, 2009, meets the minimum filing requirements and is provisionally accepted. However, to avoid abandonment of the application, a response satisfying the deficiencies below must be received in the United States Patent and Trademark Office (USPTO) within thirty (30) days from the mailing date of this letter, or before expiration of the current extension period, whichever is longer.
EXTENSION REQUEST IS DEFICIENT AS FOLLOWS:
GOOD CAUSE STATEMENT OMITTED: The submitted extension request omitted the required verified showing of good cause as to why use of the mark has not yet commenced, i.e., an explanation as to applicant’s ongoing efforts to make use of the mark in commerce. This statement must be verified in an affidavit or a declaration under 37 C.F.R. §2.20. 15 U.S.C. §1051(d)(2); 37 C.F.R. §2.89(b)(4); TMEP §1108.02(f).
Examples of good cause include the following: product or service research or development; market research; manufacturing activities; promotional activities; steps taken to acquire distributors; or steps taken to obtain required government approval.
SAMPLE DECLARATION FOR VERIFIED SHOWING OF GOOD CAUSE
EXAMPLE OF VERIFIED GOOD CAUSE STATEMENT: The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified statement of applicant’s ongoing efforts to use the mark if properly completed and signed and dated by applicant or a person authorized to sign on behalf of applicant:
Applicant has made ongoing efforts to use the mark in commerce by engaging in the following activities (check those that apply below):
___ product and/or service research and development;
___ market research;
___ manufacturing activities;
___ promotional activities;
___ taking steps to acquire distributors; and/or
___ taking steps to obtain required government approval.
Applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services 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.
______________________________
Signature
______________________________
Print/Type Name and Position
______________________________
Date
CERTIFICATE OF FAX TRANSMITTING AND CERTIFICATE OF MAILING
ENSURE TIMELY SUBMISSION OF RESPONSES AND PETITIONS: Please note that the filing date of a document in the United States Patent and Trademark Office is the date of receipt in the Office, not the date of deposit in the mail. 37 C.F.R. §2.195. To avoid lateness due to mail delay, applicant is encouraged to submit its response by fax, using a certificate of facsimilar transmission on the response. The fax number is 571-273-9394.
The following is a properly worded certificate of facsimile transmission. Applicant should add this certificate, properly completed, to its response before transmission.
CERTIFICATE OF FACSIMILE TRANSMISSION:
I hereby certify that this correspondence is being facsimile transmitted to the United States Patent and Trademark Office on the date below.
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Signature
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Print/Type Name of Signer
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Date
If applicant intends to submit its response via regular mail, then applicant is encouraged to use a certificate of mailing on the submitted documents. 37 C.F.R. §2.197. The following is a properly worded certificate of mailing for responses submitted on paper by regular mail.
CERTIFICATE OF MAILING:
I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA, 22313-1451, on the date below.
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Signature
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Print/Type Name of Signer
________________________________
Date
Please call the undersigned with any questions.
/Amphone M. Sananikone/
Amphone Mary Sananikone
Paralegal Specialist
ITU/Divisional Unit
(571) 272-9394
(571) 273-9394 Fax
How to respond to this Office Action:
Your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.