Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION

 

 

 

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER:

 

http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp

 

 

 POST REGISTRATION OFFICE ACTION

 

 

ISSUE/MAILING DATE: 6/27/2014

U.S. Registration Number  3459996

 

The Section 7(g) Request for Correction submitted on June 16, 2014 is being processed as a Section 7(h) Request for Correction because the request is based on a mistake that did not occur through the actions of the United States Patent and Trademark Office.  A fee is required in this case.

 

This Request for Correction will be processed when (1) the required $100 filing fee is submitted, and (2) any deficiencies with the request are corrected.  37 C.F.R. §§2.6 and 1609.10(b).  See below for information regarding any deficiencies.

 

In order for a registration to have issued in a name other than the owner name of record in a pending application, the relevant party must have satisfied the following:  (1) submitted a written request prior to the date the application was approved for publication or registration, as appropriate; and (2) recorded the necessary ownership documents with the Assignment Services Division of the Office.  37 C.F.R. §3.85; TMEP §§502.02(a) and (b) and 502.03.

 

In the present case, no written request was received by the Office.  Therefore, the issuance of the registration certificate in the name of the owner of record of the pending application was not an Office error.

 

For information regarding recording assignments, name changes and mergers, please visit the webpage http://www.gov.uspto.report/web/trademarks/workflow/assign.htm and see TMEP §§503 et seq.  For specific questions, please contact the Assignment Division at 571-272-3350.  To expedite recordation, the owner is encouraged to file requests for recordation through the Electronic Trademark Assignment System (ETAS) at http://etas.uspto.gov.  There is a fee for recording ownership documents.

 

In the original application, applicant called themselves Weekend Concepts, Inc.  In other documents, the registrant called themselves Weekend Concepts Corporation.

 

The owner must submit a statement explaining how the error occurred, verified in an affidavit or with declaration under 37 C.F.R. §2.20.  A Section 7 Request for Correction that involves a mistake made by the owner of the registration must include a verified explanation that shows the error occurred in good faith.  37 C.F.R. §2.175(b).

 

 

The owner must submit the filing fee of $100 for the submitted Section 7(h) Request for Correction.  15 U.S.C. §1057(h); 37 C.F.R. §§2.6 and 2.175(a); TMEP §1609.10(b).  The required fee was not submitted.

 

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 Request for Correction, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 Request for Correction will be considered abandoned.  37 C.F.R. §2.176. 

 

 

 

 

 

 

/Burnie Gillis/

Burnie Gillis

Trademark Specialist

Post Registration

Tel #571-272-9526

Fax #571-273-9526

 

 

 

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by (1) the individual owner; (2) someone with legal authority to bind the owner (e.g., a corporate officer or general partner); or (3) an authorized attorney, if one is appointed to represent the owner.  If the owner is represented by an attorney, the attorney must sign the response.

 

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the complete status screen.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.