UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/678732
APPLICANT: Terner, Jonathan
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*76678732* |
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CORRESPONDENCE ADDRESS: Jonathan Terner 1718 M ST NW STE 235 WASHINGTON, DC 20036-4504
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RETURN ADDRESS: Commissioner for TrademarksP. O. Box 1451Alexandria, VA 22313-1451 ATTN: Petitions Office
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MARK: BIOTRICITY
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MAILING DATEDecember 7, 2009 |
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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 76/678732
The petition to revive the above identified trademark application submitted on November 19, 2009, 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.
A verified statement of applicant’s ongoing efforts to make use of the mark in interstate commerce is required because the third extension request filed with the petition did not include the required “good cause” statement.
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.
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Signature
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Print/Type Name and Position
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Date
/Deborah Blocker/
Paralegal Specialist
Office of Petitions
571-272-9566 voice
571-273-9566 fax
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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Signature
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Printed or typed name
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Date